UPDATED:
1. Mea culpa as I read the scores wrong. Thanks to Marcia Oddi for spotting my error. www.IndianaLawBlog.com
2. Kentucky actually received a score of 60 and a grade of D on the study. Not so good for us. The score of 96 and grade of A went to Louisiana!
3. Here is an update of the post.
Kentucky was one of only FIVE states getting the highest marks received a score of 60 and a grade of "D" for providing legal representation for abused and neglected children during judicial proceedings.
The guardian ad litem fees in Kentucky have been subject to some newspaper, legislative and judicial scruting in recent months. See e.g., Family Law: Guardian ad Litem fees for attorneys representing abused and neglected children need to be increased (our blog); GAL and CAC Fees (KY) (Divorce Law Journal); Ky Family Law: Fee Dispute Over Guardian Ad Litem Fees in Family Court Cases (our blog); Fees For Guardians Ad Litem (Divorce law journal).
Interestingly enough, the local order on the payment of guardian ad litem fees entered by Judge George did not allow the increased GAL fees, and this matter is now before the Kentucky Court of Appeals.
The system in Kentucky of providing legal representation is not broke; just the system of paying the lawyers for their work is broke and which can result in these lawyers doing other work rather than ending up broke.
Although this report is not evidence for our appellate courts to consider in considering the writ of prohibition filed in this matter to consider the fees paid GAL's, it is nonetheless evidence of the priceless protection provided to the children of our Commonwealth and the risk of what may be lost by continued neglect. Will the courts or the legislature step in and do something rather than simply talk about it?
Most States Fail to Protect the Legal Rights of Children in Foster Care, New Study Finds
Nearly half of U.S. states fail to provide legal representation for abused and neglected foster children, leaving them without a voice during judicial proceedings that profoundly impact their futures, a new study found. The peer-reviewed study - A Child's Right to Counsel. First Star's National Report Card on Legal Representation for Children - was released today by First Star, a leading national child advocacy organization.
The first-of-its-kind study, released at a Congressional briefing on Capitol Hill, found "glaring anomalies" in how states protect the legal rights of foster children, leading to substandard levels of service and unacceptable outcomes in most states. Fifteen states received failing grades and six more received D's. Only five states received A's.
UPDATED:
Here is the link to the entire study. Note only 15 states scored LOWER than Kentucky.
Here is the Kentucky extract.
IN KENtUCKY, CoUNSEL FoR tHE CHILD is required in all abuse and neglect and termination of parental rights proceedings. the attorney is required to represent the best interests of the child. the terms "counsel for the child" and "GAL" are used interchangeably. When the best interests are in conflict with the child’s views, the lawyer must inform the court of this conflict.
Criteria How Kentucky Fared
Counsel Mandatory 40 points out of a possible 40 points
An attorney-GAL is mandatory in all abuse and neglect proceedings. Client Directed Counsel Mandatory 6 points out of a possible 20 points
the GAL is responsible for ensuring the child’s wishes are expressed to the court, even if those wishes differ from the GAL’s recommendations. Professional Considerations 0 points out of a possible 10 points
Kentucky law neither provides guidance on training for children’s counsel nor authorizes multidisciplinary interaction between professionals. Presence at Proceedings 4 points out of a possible 10 points
Kentucky maintains that the child is a party in child abuse and neglect cases. Children in Kentucky are not entitled to notice nor are they required to be present at significant court hearings. Right to Continuity of Counsel 0 points out of a possible 10 points
Children in Kentucky have no right to continued representation during reviews or appeals. Professional Responsibilities 10 points out of a possible 10 points
Kentucky has a general provision binding counsel to its ethical rules. Kentucky also holds lawyers responsible for maintaining client confidences and maintains a provision concerning clients with diminished capacity. No statutory provision granting immunity from malpractice exists for any attorney in Kentucky.
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