Legal Representation for Parents in Child Welfare Proceedings: A performance-based analysis of Michigan practice

American Bar Association Center on Children and the Law for The Child Welfare Services Division of The Michigan State Court Administrative Office

Introduction 

In 2007-2008, the Michigan Court Improvement Program (CIP) Basic Grant Strategic Plan identified competent representation for parents in child protection proceedings as essential to improving outcomes for Michigan’s children and families. In September 2008, the Child Welfare Services Division of the State Court Administrative Office (SCAO) engaged the American Bar Association (ABA) Center on Children and the Law to assess how Michigan provides representation for parents in child protection proceedings and to make recommendations for an improved parent representation model. The CIP Quality Representation Committee selected a subcommittee to assist in the assessment design and serve as a resource on Michigan law, policy, and procedure. The subcommittee consists of representatives from the University of Michigan Law School, the Department of Human Services (DHS), the Office of the Family Advocate, the Office of the Children’s Ombudsman, state court administration, and selected judges and attorneys.

Like many other states, Michigan decided to examine the representation of parents in child protection proceedings after having studied the representation of children. Unlike other states, the Michigan CIP elected to commission an independent assessment of parent representation, including quantitative and qualitative measures. The qualitative part of the assessment was designed to be an inclusive process that engaged judges, lawyers, court staff, social workers, community providers, and of course, parents.

The current assessment is the fourth in a series of independent assessments examining core systemic issues in Michigan’s child protection system. This assessment of parents’ representation was preceded by three other studies: A Challenge for Change: Implementation of the Michigan Lawyer-Guardian Ad Litem Statute (ABA Center for Children and the Law 2002), the Racial Equality Review: Findings from a Qualitative Analysis of Racial Disproportionality and Disparity for African American Children and Families in Michigan’s Child Welfare System (Center for the Study of Social Policy 2009), and the Michigan CIP Reassessment: How Michigan Courts Handle Child Protection Cases (Muskie School of Public Service 2005). These studies represent clear statements of Michigan’s special commitment to the safety, permanence, and well-being of its children, and to strengthening its families.

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