The Right to Counsel

We advocate for the constitutional right to a lawyer for every abused child in state care, ensuring they have a shield in the room to enforce their rights. Without a dedicated attorney, a child is denied one of the most fundamental protections of our legal system. Attorneys for children enforce their rights and help them exit care up to 3.5 times faster than children without representation. Attorneys also provide a critical check on agencies, making sure they follow the law.

Key Points

Right to an Attorney: We secure a child’s right to an attorney, a reform proven to help children exit foster care for families up to 3.5 times faster.

In 12 states, abused children have a lawyer to defend their rights—like staying with their siblings or living with relatives. Children with legal help find a permanent home up to 3.5 times faster

Events & Testimonies

  • Professional woman in a black suit holding a folder, smiling confidently in front of a courthouse, symbolizing advocacy and support for abused children.

    Testimony: Suppose for House Bill 2381

    Appointing Client-Directed Counsel to Children in Children-in Need-of-Care Proceedings Appointing a guardian ad litem (GAL) in cases involving abused children results in confusion. This confusion stems from the unclear and [...]

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  • Woman in professional attire presenting testimony in a courtroom setting, emphasizing advocacy for children's legal representation in foster care proceedings.

    Testimony: Legal Representation for Children in Foster Care

    Legal Representation for Children in Foster Care Requiring the appointment of a client-directed attorney to represent children in abuse and neglect proceedings, giving children a voice. Written Testimony - Kendall [...]

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  • Scales of justice symbolizing legal advocacy for children's rights at The Center for the Rights of Abused Children.

    Testimony: Support House Bill 2033

    Requiring the appointment of a client-directed attorney to represent children in abuse and neglect proceedings, giving children a voice. MO Oral Testimony Right to Counsel 01-16-2024 Children and Families

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  • Close-up of a child's eye, highlighting vulnerability and the need for legal representation in cases of abuse, reflecting themes of child rights and advocacy.

    Testimony: Rights to Counsel Response 2

    Appointing a guardian ad litem (GAL) in cases involving abused children results in confusion. This confusion stems from the unclear and potentially conflicting ethical obligations of the GAL to the [...]

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  • Darcy Olsen, smiling and wearing a denim jacket, poses thoughtfully with her hand on her chin, reflecting her advocacy for the rights of abused children.

    Darcy Olsen testifies before the Kansas House Judiciary supporting HB 2381

    House Bill 2381 requires the court to appoint an attorney for children in the foster care system.

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  • Person typing on a laptop at a desk with a coffee cup and smartwatch, symbolizing advocacy for children's rights and child welfare reforms.

    Testimony: Rights to Counsel

    Chairman Patton, Vice-Chair Schrei(iii)ber, Ranking Member Carmichael, and members of the committee, My name is Darcy Olsen, and I am here today on behalf of The Center for the Rights [...]

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Op-Eds

  • Child embracing adult, smiling warmly, in a natural outdoor setting, symbolizing love and connection in child welfare context.

    Why foster kids need lawyers — as much as they need love

    Foster care unexpectedly took center stage at President Trump’s congressional address on Tuesday. First Lady Melania Trump highlighted her Foster the Future initiative — which secures scholarships and opportunities for kids in foster care — and President Trump recognized Jeff Denard, a foster parent to 40 children.

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  • Child with blonde hair peering over a gray blanket, conveying vulnerability and the need for protection in the context of child welfare and rights.

    The Guardian: YOUTH PERSPECTIVE – This Should Never Have Happened

    by Brigitte Jolliet My name is Brigitte — I’m a former foster youth from Florida and currently a third-year law student. I wrote this article in response to a memo written by Alan Abramowitz, the Executive Director of Florida’s Guardian ad Litem program. In his memo, Mr. Abramowitz responds to concerns about the state’s GAL [...]

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Research & Reports

  • Person typing on a laptop with a tablet reflecting on the table, illustrating legal work related to the rights of abused and neglected children in foster care.

    A Practice Manual for Lawyers Representing Abused and Neglected Children

    Asserting, Arguing, and Appealing the Constitutional Rights of Children in Foster Care. Read more here.

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  • Young boy in a red polo shirt looking directly at the camera, representing the vulnerable children highlighted in the report on the foster care system crisis.

    New Report Declares Constitutional Crisis in Foster Care System, Demands Urgent Federal Reforms

    In a searing new memo released today, Lives in the Balance: A Bold Plan to Fix America’s Broken Child Protection System, the Center for the Rights of Abused Children lays bare an unflinching truth:

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  • Woman holding smiling baby in white outfit with bow, highlighting joy and connection in child welfare context.

    States with Right to Counsel for Children

    We believe every child deserves a safe and loving home. When asked by lawmakers across the country for the single reform that will help protect the most abused and neglected [...]

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  • Close-up of two children's eyes highlighting sibling bonds and emotional connection, relevant to child welfare and advocacy themes.

    Preservation of Youth Toolkit

    Through our work with children, we learned that states throughout the country proactively apply for federal benefits on behalf of eligible children and then keep it, considering it a reimbursement [...]

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  • Woman and child engaging in conversation, discussing child welfare and support, with wooden blocks on table, in a cozy indoor setting.

    Establishing a Federal Right to Counsel for Children in Child Abuse and Neglect Proceedings

    The Problem Federal law mandates states provide children a representative to 1. obtain a clear understanding of the situation and needs of the child, and 2. make recommendations to the [...]

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  • Mother kissing baby in a cozy outdoor setting, emphasizing the importance of family bonds and support for vulnerable youth.

    Understanding Arizona’s Law Giving an Attorney to Every Foster Child

    Join Chief Counsel Rebecca Masterson to learn what this new law means for Arizona's foster kids.

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Resources & Tools

  • Preliminary Toolkit – Counsel for Children

    Attorneys Protect Children’s Fundamental Rights Executive Summary Children possess numerous legal and constitutional rights that must be protected. Amid the numerous interests in abuse and neglect proceedings, children’s rights and interests are distinct from any other party – including their parents. These rights, ranging from family integrity and safety to education and permanency, are central [...]

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Television & Video

Model Reforms