Across the country, there has been growing awareness that improving the quality of the legal representation provided to parents in child dependency cases can result in better outcomes for children. The improved outcomes have been demonstrated from robust data collected from a variety of different states and jurisdictions, which showed that children’s permanency goals were achieved over shorter periods of time in care and at less cost to states when parents were provided quality legal representation.

In recognition of this, the federal government amended its policies in 2019 to allow states to seek federal funds for the reimbursement of costs associated with providing parents and children with legal representation. Virginia can take advantage of these federal funds to implement much-needed changes to the system of providing legal counsel for parents, which currently lacks adequate compensation, standards, and accountability for attorneys representing parents. Short- and long-term goals in improving the quality of legal representation parents receive can be achieved if the following initiatives are implemented:

1. Increase the rate of compensation paid to court-appointed counsel for parents in child dependency cases to the rates currently applicable for court-appointed defense counsel in cases involving Class II and III felonies in the district courts.

2. Direct the Judicial Council to establish standards for the qualification and performance of court-appointed attorneys for parents in child dependency cases.

3. Consider establishing a state-level Parent’s Advocacy Commission that would serve similar functions such as training and oversight over court-appointed counsel for parents in child dependency cases as the Virginia Indigent Defense Commission currently serves for court-appointed criminal defense attorneys and attorneys employed in the Commonwealth’s Public Defender offices.

4. Establish and fund pilot programs implementing a multidisciplinary model of legal representation in which parents in child dependency cases are represented by an attorney along with a social worker or parent support advocate.

The costs of investing in these measures could be offset in part by the federal funding that is now available along with the savings that can be realized when fewer children enter foster care and when children who enter foster care achieve permanency sooner. In short, investing in these measures will address the immediate need to attract more attorneys willing to accept appointments and will provide a bold long-term plan that will improve and sustain the quality and provision of legal representation for parents involved in child dependency cases.