Lack of attorneys keeps parents waiting in child removal cases

Increasing Number of Parents in Maine Waiting for Legal Representation in Child Welfare Cases

Like most states, Maine guarantees parents legal representation when removing their children from their homes because of fears of abuse or neglect.

The daily list of parents waiting for an attorney has grown 400 percent since the start of the year, according to the Maine Commission on Public Defense Services (MCPDS), which oversees the assignments.

Effects on Parents and Children

The growing number of cases is having an effect on parents and children, advocates said. Under Maine law, the state must provide a hearing within 10 to 14 days after removing children from a home, at which point parents may respond to accusations about their care.

Family law attorneys said some cases are being delayed while parents wait for legal representation, meaning some parents are going weeks or even months without an attorney while their children are with foster parents or family members.

How long parents are waiting is hard to determine: Several state agencies were unable to provide data, and confidentiality makes it difficult to track and identify child protective cases.

But the number of child protection cases in need of attorneys on any individual day has skyrocketed, from 14 on Jan. 3 to 70 by mid-April, according to the MCPDS.

Lack of Attorneys and Extended Time in State Custody

A shrinking number of available attorneys is intertwined with the rising number of cases awaiting representation. As attorneys retire, leave the field or max out their caseloads, they are taken off the roster, resulting in fewer who are available.

The dearth of attorneys able or willing to represent parents in child protection cases not only delays some parents’ chance to argue for the return of their children, but extends the time children are in state custody.

Delays also can prevent the implementation of support services and visitation arrangements, as well as the opportunity for parents to take steps to alleviate concerns about the safety of their homes.

While some children will eventually be permanently removed, adopted or sent to live with relatives, many will ultimately return home. Roughly 50 percent of removed children will be reunited with their families.

Pressure on Maine Department of Health and Human Services

The Maine Department of Health and Human Services, which oversees child welfare cases, has been under significant pressure after several high-profile deaths of children, some of whom had been in state care and returned to their caregivers.

The scrutiny began in earnest in 2018 after 10-year-old Marissa Kennedy died of abuse after years of DHHS involvement. That year the department took 30 percent more kids into foster care than the year before.

Lawmakers recently backed the idea of creating a separate child welfare department to fix what some called a broken system. Gov. Janet Mills has said she wants an in-depth review of the proposal, which faces additional votes in both chambers.

Importance of Legal Representation for Parents

A lack of lawyers is keeping children and their families apart longer than necessary, said Julian Richter, president of the Maine Parental Rights Attorneys Association and a member of the Maine Child Welfare Advisory Panel.

Several experts said Maine’s inability to provide timely legal representation to parents raises larger questions about the relationship between parents’ rights and the well-being of the state’s children.

Challenges in Attorney Availability

The number of attorneys able to take cases each day has fallen since MCPDS began tracking in May 2022. There were more than 100 names on the roster then. That number fell to less than 20 by the beginning of 2024, before rebounding to the mid-30s by the end of March.

An aging parents’ attorney bar and a lack of structures to recruit law students and young lawyers are problems in many places, not just Maine.

Proposed Solutions

The state has taken steps to address the criminal defense side of the crisis, including the establishment of public defender offices. However, the issue of providing timely legal representation to parents in child welfare cases remains unresolved.

Legislators have made efforts to provide attorneys earlier in child protective cases, but a proposed pilot program for pre-petition legal representation failed.

Instead of getting an attorney earlier in the process, parents are waiting longer as the process unfolds. This can be overwhelming and further delays family reunification.

Conclusion

The lack of available attorneys for parents in child welfare cases in Maine is a pressing issue that has significant implications for both parents’ rights and the well-being of children. The growing backlog of cases waiting for legal representation highlights the need for increased resources and support for the legal system. Addressing this issue is crucial for achieving several Sustainable Development Goals, including No Poverty, Good Health and Well-being, Gender Equality, Reduced Inequalities, and Peace, Justice, and Strong Institutions.

SDGs, Targets, and Indicators

1. SDG 16: Peace, Justice, and Strong Institutions

   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • Indicator 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized mechanisms.

2. SDG 10: Reduced Inequalities

   • Target 10.2: By 2030, empower and promote the social, economic, and political inclusion of all, irrespective of age, sex, disability, race, ethnicity, origin, religion, or economic or other status.
   • Indicator 10.2.1: Proportion of people living below 50 percent of median income, by age, sex, and persons with disabilities.

Explanation

1. SDG 16: Peace, Justice, and Strong Institutions

   The article highlights the lack of legal representation for parents involved in child protective cases in Maine. This issue relates to SDG 16, which aims to promote the rule of law and ensure equal access to justice for all. The growing backlog of cases and delays in providing legal representation hinder parents’ ability to exercise their rights and access justice.

   The specific target under SDG 16 that can be identified is Target 16.3, which focuses on promoting the rule of law and ensuring equal access to justice. The article highlights the challenges parents face in accessing legal representation and their limited opportunity to be heard in court.

   The indicator mentioned in the article is Indicator 16.3.1, which measures the proportion of victims of violence who report their victimization to competent authorities. While not directly mentioned in the article, the indicator is relevant as it reflects the importance of reporting and seeking legal assistance in cases involving child protection.

2. SDG 10: Reduced Inequalities

   The article discusses the impact of the lack of legal representation on parents who are unable to afford their own lawyers. This issue relates to SDG 10, which aims to reduce inequalities and promote social, economic, and political inclusion for all individuals.

   The specific target under SDG 10 that can be identified is Target 10.2, which focuses on empowering and promoting the inclusion of all individuals, irrespective of their economic or other status. The article highlights how parents who cannot afford legal representation face challenges in navigating the child protective system and exercising their rights.

   The indicator mentioned in the article is Indicator 10.2.1, which measures the proportion of people living below a certain income threshold. While not directly mentioned in the article, the indicator is relevant as it reflects the economic inequalities faced by parents who cannot afford legal representation.

Table: SDGs, Targets, and Indicators

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Source: themainemonitor.org

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