The Right to Counsel for Parents in Family Courts: A National Survey

• In Event: Policy Panel: Legal Services for the Indigent – The State of the Nation

Abstract

Unlike in criminal proceedings, parents facing the loss of their children due to accusations of abuse or neglect do not have a constitutionally protected right to representation. Yet across the nation, many (though by no means all) states have recognized the critical need for such representation in the face of the devastating impact a child’s removal can have on all members of a family. Responding variously to the recognition of gravity of the issues at stake, the belief that the presence of counsel improves efficiency, and the understanding that preserving family integrity is often better for all concerned – some states have gone much further and have guaranteed the right to an attorney for indigent adults in other family proceedings such as custody disputes. This paper reports the extent of the provision of representation across the United States, and provides insights into the causes and consequences of those provisions.

Authors

• Amy J. Hudson, University at Albany, SUNY

• Alissa Pollitz-Worden, University at Albany, SUNY

• Angela Burton, NYS Office of Indigent Legal Services

• Andrew L.B. Davies, University at Albany, SUNY / NYS Indigent Legal Services