During the summer of 2006 First Star reviewed and compiled statutes relating to the representation of children in dependency courts, public access to child abuse and neglect proceedings, and public access dependency court records for all 50 states and the District of Columbia.
First Star focused on these particular statutes because the decisions made in dependency court impact the fundamental well-being of children in the child welfare system. By appointing well-trained child lawyers to children in dependency court proceedings and holding the system accountable through public scrutiny, we can better protect the rights of America’s most vulnerable children.
Child Representation in Abuse and Neglect Proceedings (click here to view all statutes)
- 27 states and the District of Columbia require the appointment of an attorney for the child in abuse and neglect proceedings (includes appointment of legal counsel and attorneys appointed as GAL)
- 23 states do not require the appointment of an attorney for the child in abuse and neglect proceedings (includes discretionary appointment of an attorney; representation by lay volunteers; and attorney GALs limited to non-attorney actions)
Public Access to Child Abuse & Neglect Proceedings (click here to view all statutes)
- Child abuse and neglect proceedings are open to the general public in 18 states (includes statutes which indicate that hearings are open but that give the court the discretion to close hearings).
- Child abuse and neglect proceedings closed to the general public in 32 states and the District of Columbia (includes statutes which indicate that hearings are closed with certain exceptions and that give the court the discretion to open hearings).
Public Access to Dependency Court Records (click here to view all statutes)
- Dependency court records are open in 6 states (includes statutes which indicate that records are open but that give the court the discretion to limit access to the records)
- Dependency court records are closed in 44 states and the District of Columbia (includes statutes which indicate that records are closed with certain exceptions and that give the court the discretion to make records available to certain parties).
