Counsel for Kids Updates:
The 2025 legislative session is underway and states continue to propose legislation to guarantee Counsel for Kids and ensure high-quality legal services including statewide centralized children’s law offices and standards of practice.
Hawaii House Bill 900 would establish a working group to improve family court processes including access to legal representation for youth in child protection proceedings. The group would be tasked with considering pathways for implementation of the recommendations made by the Malama Ohana group of lived experience experts and community members, the report must be submitted to the legislature before the 2026 legislative session and must include plans for a pilot program to study children’s legal representation for youth of a specified age. The House Committee on Human Services and Homelessness considered the bill on January 28. Lived experience experts, NACC members, and partners submitted written testimony. The committee voted to pass the bill with non-substantive amendments.
Indiana House Bill 1485 would require the appointment of legal counsel for children placed in private facilities or shelter care facilities who are subject to a child protection court proceeding. Courts would be required to appoint the lawyer 48 hours before authorizing the placement or in cases of emergency as soon as practicable. The Indiana Commission on Court Appointed Attorneys would be required to adopt practice guidelines on minimum face to face visits, youth court attendance, and maximum caseload size. On January 21 the bill was read and referred to the House Judiciary committee.
Missouri Senate Bill 43 would require the appointment of legal counsel for children 14 and older who are subject to child protection court proceedings. An appointed guardian ad litem (GAL) would transition to serve as a client-directed attorney at the child’s 14th birthday, unless a judge determines the child to have diminished capacity. Separate counsel would be appointed and the GAL would continue in their role if this occurs. The bill establishes a “Coordinating Board” within the state supreme court to make recommendations to the court on GAL, children’s attorney, and parent attorney training requirements, practice standards, pilot projects, and funding opportunities. The Senate Families, Seniors and Health committee considered the bill on January 29. NACC submitted this letter of support.
Missouri Senate Bill 440 would guarantee counsel for youth in child protection court and make appointment of a GAL discretionary. The bill requires the supreme court to establish standards of practice for GALs and children’s attorneys.
Montana Senate Bill 151 would organize a children’s bureau, centralizing children’s legal services in a designated unit within the state public defender office. On January 27 the Senate Judiciary committee unanimously passed the proposal which will next go to the Senate floor. NACC submitted this letter of support.