High-Quality Legal Representation

The Family Justice Initiative believes that children and families deserve access to high-quality legal representation

The following describes the fundamental attributes of high-quality legal representation for children and parents. These are attributes/elements that must be met by individual parents’ and children’s attorneys as well as by the systems or structures governing legal representation for children and parents in child welfare proceedings.

System attributes are needed to ensure that parents’ and children’s attorneys are properly supported to meet their individual obligations to clients. System attributes include:

Attribute 1: Caseload and Compensation

Parents’ and children’s attorneys should be compensated at roughly the same rates as child welfare agency attorneys, and a full- time caseload should not exceed 60 clients at a time.

Child Welfare Attorneys National Compensation & Support Survey – 2017

Attribute 2: Interdisciplinary/Multidisciplinary Practice Model

Attorneys work best as part of a diverse professional team that includes social workers, language interpreters, healthcare providers, and others.

Attribute 3: Diversity/Cultural Humility

Ongoing professional development is needed to help attorneys identify and mitigate the harmful effects of racial, cultural, economic and other forms of bias within the child welfare system.

Attribute 4: Timing of Appointment

Attorneys must be appointed immediately for both children and parents at the earliest indication that a child could be removed from their home.

Attribute 5: Support and Oversight

To continually improve their practice and hone their skills, attorneys need regular opportunities for professional learning, advanced training, and performance evaluation.

Attribute 6: Accountability/Use of Data

Continuous data collection is needed to help us identify which standard attorney practices are most effective at improving outcomes for families—as well as where to focus our future efforts.

These system attributes build on and support Standards of Practice for attorneys representing children and parents in child welfare proceedings, and findings and recommendations from the National Quality Improvement Center on the Representation of Children in the Child Welfare System and the U.S. Department of Health and Human Services, Administration for Children and Families.

Download Our Guide for System Change

2017 Survey of Parents’ and Children’s Attorney Compensation and Supports

Learn from the Field

Several jurisdictions are currently implementing the FJI model. Learn more about our demonstrations sites and their accomplishments. 

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