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There is one area of law where the state of Indiana may intrude into your life, remove you from your home and place you in a private locked facility, all without providing an opportunity to consult with an attorney: our child welfare system.
Those in the child welfare system are considered wards of the state, meaning a judge decides where they live and what contact they have with their families. Child welfare cases can lead to parental rights being terminated and new families being formed through adoption. But despite the many hours spent in court and the immense consequences of court decisions, these young Hoosiers — unlike their parents and those in the juvenile delinquency system — don’t have the right to be represented by an attorney. The idea that children in the child welfare system should have a right to legal counsel may sound novel, but Indiana is actually one of only 14 states that does not guarantee attorneys to children in the welfare system.
In Indiana, a court-appointed special advocate (CASA) or guardian ad litem (GAL) is appointed in every child in need of services case or termination of parental rights case. A GAL or CASA speaks with the child as well as others and shares with the court what they believe is in the best interest of the child. While these advocates are extremely important, those who fill these roles are seldom attorneys. Having an attorney assigned to each child would ensure there is someone present to protect the child’s rights and make legal arguments on their behalf.
In addition, perhaps the most important service an attorney could provide is procedural justice. Having legal representation allows a child to hear their requests and positions presented in the same professional manner as the other parties. This feeling of fairness could empower children to stand up for their safety and future. Without legal counsel, many children may feel intimidated by the court proceedings and doubt whether the system will care for them.
There is some forward movement on obtaining legal representation for those in Indiana’s child welfare system. Child Advocates Inc., an Indiana nonprofit, has launched the Direct Representation Program. This program provides lawyers statewide to advocate for children in child welfare cases.
In addition, I plan to present legislation during the 2023 legislative session that addresses providing attorneys to these young Hoosiers.
Children deserve to have someone fighting to protect their legal rights and best interests. I am hopeful this will soon be a common practice in Indiana.•
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State Sen. Jon Ford, R-Terre Haute, is the ranking member of the Indiana Senate Family and Children Services Committee. Opinions expressed are those of the author.
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