ABA Report on Parent Representation in Michigan

The Michigan State Court Administrative Office, Child Welfare Services Division, through the Court Improvement Program, has been focusing on improving the quality of legal representation in Michigan. As part of this project, they contracted with the ABA, Center on Children and the Law to conduct an independent study of legal representation for parents in Michigan and to make recommendations for improvement. The report addresses some of the larger concerns like compensation, training, client communication and codifying the duties of attorneys for parents.

The report also suggests appointing counsel prior to the filing of a petition.  This is really a great idea so attorneys can work with DHS to perhaps  avoid the filing of a petition.  Many parents would voluntarily comply with services, if they had trusted representation to explain their options to them.

The report identifies the problem of leaving the compensation of attorneys to the individual counties.  In Oakland County, for example, they have cut compensation for counsel for parents and are only appointing attorneys if requested.  Both of these measures take us backward from the recommendations suggested in this report.  Oakland County is certainly regressing in terms of the quality of counsel it is providing for indigent parents.  In the time of budget cuts, it is easier to cut contract attorneys than salaried employees.

I hate to sound like a pessimist, but in Michigan’s current economic climate, I doubt our legislature will find it a budget priority to provide adequate counsel for “neglectful” and “abusive” parents.  This report will be buried along with a number of other good ideas that would benefit families and children in Michigan.

If you would like to view or download the report, click here: Michigan Parent Representation Report