New NACC Tip Sheets on Crossover Prevention and Title IV-E Funding for Legal Representation
NACC recently published new tip sheets with guidance about how attorneys can help prevent juvenile legal system involvement for their clients, and, separately, how advocates can leverage Title IV-E Funding for high-quality legal representation. Read more:
View all of NACC’s guidance and tip sheets on the Resource Library.
Mississippi Trainings 2024
NACC is proud to provide two free and unique training opportunities for Mississippi child welfare professionals. A big thank you to our partners and sponsors at the MS Dept of Child Protection Services and the State of Mississippi Administrative Office of the Courts who provided these scholarships to attend. Registration Space is limited so please be sure to register below!
NACC MS Training Series (Mondays 3:00pm-4:30pm Central; Sept 16, Sept 23, Sept 30) This training series is designed for Mississippi attorneys who represent children, parents, and the Department. The presenters will use practice tips, hypothetical case studies, and polls, grounded in Mississippi law, to share knowledge, skills, and best practices aimed at promoting high quality representation in Mississippi dependency cases. Click here for the Series Agenda.
Fall Red Book Training Course (Tuesdays 4:00pm-5:30pm Central; Sept 26 – Nov 12) NACC’s signature Red Book Training Course covers major dependency practice competency areas and is designed to assist you in preparing for the Child Welfare Law Specialist (CWLS) examination. The course is based on NACC’s legal treatise, Child Welfare Law and Practice: Representing Children, Parents, and Agencies in Neglect, Abuse, and Dependency Cases, 4th Edition (the Red Book). During eight weekly webinars, the presenter will assist participants in breaking the material down, focusing on important concepts, and learning CWLS exam-taking strategies. Click here for the Course Syllabus.
Mississippi Training 2024 – Registration
June 2024 Policy Updates
NACC Advocates for Children, Families, and Immigrants
NH Poised to Guarantee Counsel for Youth in Institutional Placements
New HampshireSenate Bill 463 (2024) that would establish the right to counsel for youth in institutional placements passed the House chamber on May 23. The Senate passed a concurrence vote last week. The next necessary step for enactment is enrollment, then it will go to the governor.
New Hampshire’s Children and Family Law Committee considered Senate Bill 463 on April 23. If passed, it would require the appointment of legal counsel for children placed in institutions or group homes and permit judicial appointment of attorneys for any child in child protection court proceedings. NACC submitted supportive written testimony. NACC State Coordinator Lisa Wolford also testified in support of the bill (hearing begins at 30-minute mark, see testimony at 1:26:50). The bill was voted out of committee with an “ought to pass” recommendation. It will move to the House floor.
Gov. DeSantis signed into law FloridaSenate Bill 1224 “Protection of Children and Victims of Crime” on April 10. SB 1224 was amended to preserve the right to legal counsel for groups of children in the foster care system. We applaud the astute decision-making of lawmakers who once again recognized that children involved in these proceedings need lawyers of their own to ensure their voices are heard, their rights are protected, and they experience outcomes that keep them safely with their families and on a path toward success. While maintaining the status quo is a victory, it is time for Florida to take the next critical step of expanding access to legal counsel for all children in foster care proceedings.
Counsel for Kids Social Media Storm May 15
May 1 was Law Day and the start of National Foster Care Month. May 15 is the anniversary of the case In Re Gault – which guaranteed lawyers for youth experiencing the criminal legal system. At the intersection of access to justice and children lies the unfortunate reality that 13 states do not guarantee legal representation for young people experiencing the child protection system. On May 15, share on social media why #counsel4kids are important! See the social media kit for sample posts and graphics.
NACC Advocates for Support for Children and Families
The Third District of the Texas Court of Appeals recently ruled on two cases in which NACC participated as amicus. The panel rejected appellants’ jurisdictional challenges and found that sufficient evidence was presented to restrain Texas’ attempt to investigate families facilitating gender-affirming health care for their transgender children. Read the opinions in Voe and PFLAG v Muth and Doe v Abbott.
NACC filed an amicus brief in Michigan regarding the federal law, research and best practices around legal guardianship.
April 2024 Policy Updates
Three State Legislatures Consider Client Directed Model of Representation
IowaHF 2580 requires the appointment of legal counsel for children ten and older and a GAL attorney for children under ten. The bill saw two proposed amendments in March. The first would require the appointment of counsel and a GAL to youth under ten. The second would permit the same person to serve as GAL and counsel for a child under ten unless they could not adequately provide representation for both roles.
KansasHB 2381 would require the district court to appoint an attorney as the representative for a child in Child in Need of Care proceedings and allow for the optional appointment of a GAL. The attorney is required to take direction from the child as the child develops capacity to direct, and determine what the child would decide if they are not capable of making an adequately considered decision. The bill stalled after Judiciary committee considered it on March 7.
MissouriSB 801 would require the court to appoint client-directed legal counsel for children involved in proceedings involving abuse or neglect. Counsel would represent the child at all stages of the proceeding, including appeal. The Senate Health and Welfare Committee voted to pass on the bill on February 28. The Senate will now review the bill to determine if it can be declared perfected.
NACC joined an amicus brief regarding the rights for non-respondent parents in New York child welfare cases.
March 2024 Policy Updates
Iowa Joins Trend of States Moving Toward Client-Directed Legal Representation
On February 8, the Iowa judiciary subcommittee held a public hearing to consider House File 2209, which would require the appointment of legal counsel for children ten and older and the appointment of a GAL attorney for children under ten. Current Iowa law mandates GAL attorneys for all children. NACCLR member Kayla Powell testified in support of the bill. NACC submitted a letter of support. The subcommittee passed the bill on February 12, and the full committee approved it on February 19 and renumbered it as HF 2580.
NACC Advocates for Children, Families, and Young Adults
Lived Experience expert Rebekka Behr explained at a Ways and Means Committee hearing that getting an attorney helped her get a drivers license, reconnect with her family, & navigate aging out of the child welfare system. See 50:30 mark.
10 Reasons Client-Directed Legal Representation for Children is Best Practice
The 25% Off Organizational Membership Sale is on now through February! Renew or upgrade at a discounted rate and receive 12 months added to your membership expiration date. Secure the benefits of membership for your organization, including discounts on conference registration, trainings, and more!
This training series is specifically designed for Alaska CINA attorneys (AAGs, Parent Attorneys, Attorneys for Youth), GALs (attorney and non-attorney GALs), Attorneys for Tribes, and Judicial Officers. Across three webinars, the presenter will use practice tips, hypothetical case studies, and polls to share knowledge, skills, and best practices, grounded in Alaska law, aimed at promoting high quality legal representation for parents, children, and the Department in Alaska CINA cases.
Registration is free to the first 50 registrants via the link below, with a wait-list open after the first 50. Registrants will receive access to all three live webinars and their recordings until December 31, 2024, and all session materials. REGISTRATION IS NOW FULL
Webinar Dates Friday, Feb 23rd 1:00pm-2:30pm AK (Out of Court Advocacy) Friday, March 1st 1:00pm-2:30pm AK (In-Court Advocacy) Friday, March 8th 1:00pm-2:30pm AK (Advocacy for Connection)
Questions about registration or the training? Please contact [email protected].
January 2024 Policy Updates
NACC Supports Expanding Child Tax Credit
NACC joined hundreds of organizations in signing a letter asking Congress to expand the Child Tax Credit to address increasing child poverty rates.
Counsel for Kids Legislative Updates
New Hampshire considered (retained) House Bill 535 (2023) during a closed interim Children and Family Law Committee session on October 31. As amended, it requires the appointment of legal counsel for children placed in institutions or group homes and permits judges to appoint attorneys to any child in child protection court proceedings. The committee made an “ought to pass with amendment” recommendation to the House. On January 3, the House floor adopted the recommendation. The bill’s next stop is House finance. Children and Family Law Committee chairs co-authored an op-ed endorsing the expansion of children’s access to legal counsel in child protection court proceedings. Companion Senate Bill 463 was introduced on January 3.
On December 5, Florida interim House Children, Families, and Seniors subcommittee considered House Bill 185 (2024) that would revise Florida law to eliminate special needs categories of youth guaranteed legal representation and restrict judicial discretion to appoint legal counsel. Members of Foster Fairness and others testified in the public hearing. NACC submitted this letter of opposition.
