The right to an attorney is one of america’s most basic constitutional privileges. Yet, this study by first star and the children’s advocacy institute of the university of san diego school of law, revealed that only half of u.S. States currently provide traditional legal representation for children involved in dependency court and foster care proceedings.

The legal protections afforded these children are weaker and less consistent than those given to common criminals, who are provided   attorneys by every state. And they are decidely weaker than those given to their abusers.

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Since the first edition of the report card, many states have reviewed their laws, proposed or passed new laws, or brought court cases to ensure better legal protections for abused and neglected children. In October 2009, First Star published a second edition of the report card. The second edition includes updated report cards for each state with revised and detailed analysis of grading methodology and point distribution refined in consultation with national experts.

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In April 2007, First Star published the First Edition of A Child’s Right to Counsel- A National Report Card on Legal Representation for Children. The report card reviews and analyzes the laws of all 50 states and the District of Columbia with regard to their provision of attorneys to abused and neglected children in dependency cases. The initial report was received with acclaim and became a standard reference tool for advocates and legislators nationwide.

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This is the second edition of the State Secrecy Report Card. The first was released in 2008 and became a key factor in prompting changes in public disclosure laws. The 2012 study provides an update on whether states have since strengthened their laws. Eleven states improved their disclosure laws by making them mandatory, more enforceable, more broadly applicable and/or more specific with regard to the types of information to which the public is entitled. Three states passed new laws or adopted new regulations further restricting public access to information resulting in lower grades than they received in 2008. The states reporting the most improvement were Utah and Pennsylvania, which went from grade of F to A and A+ respectively.

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Abused and neglected children are among the most vulnerable groups in the United States. First Star believes that these children have basic rights that must be respected. Established in 2006, the Report Card Program hopes to catalyze statewide systemic reform to better protect children and save lives by making information about child abuse and neglect available to the public and providing legal representation in dependency proceedings. To date, we have published three Report Cards:

In April 2008, First Star published State Secrecy and Child Deaths in the U.S., a graded analysis and ranking of state disclosure practices regarding child abuse and neglect fatalities or near fatalities. The report advocates publicizing information about child abuse and neglect in a predictable, consistent, and enforceable manner and to ultimately affect policy changes in the child welfare system that will better protect children and remove restrictions that inappropriately limit access to information made public by the federal Child Abuse Prevention and Treatment Act (CAPTA).

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