S.C. Gets "C" in Protecting Abused Children

WASHINGTON-- Most U.S. states do not adequately protect the rights of abused and neglected children, leaving our most vulnerable citizens exposed to the vagaries of the juvenile court system without adequate legal representation, according to a state-by-state study conducted by two national child advocacy organizations. South Carolina received a "C" grade.

The peer-reviewed study -- A Child's Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children -- was released today on Capitol Hill by First Star and the Children's Advocacy Institute at the University of San Diego School of Law (CAI). To view the full report, visit www.firststar.org, or www.caichildlaw.org.

The report graded each state and the District of Columbia based on how well they protect the legal rights of abused and neglected children in dependency court. Twenty-nine states earned C's or lower:

  --  Two states earned A+'s: Connecticut and Massachusetts
  --  9 states earned A's:  Iowa, Louisiana, Maryland, Mississippi, New
      Mexico, New York, Oklahoma, Vermont, and West Virginia
  --  11 states earned B's: California, Kansas, New Jersey, North Carolina,
      Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, and
      Wyoming
  --  14 states earned C's: Alabama, Alaska, Arkansas, Colorado,  Michigan,
      Minnesota, Montana, Nebraska, Nevada, South Carolina, Utah, Virginia,
      Washington DC, and Wisconsin
  --  8 states earned D's: Arizona, Georgia, Illinois, Kentucky, Missouri,
      New Hampshire, South Dakota, and Washington

  --  7 states earned F's: Delaware, Florida, Hawaii, Idaho, Indiana, Maine,
      and North Dakota

In addition, the federal government recently announced a five-year, $5 million grant to research the benefits of providing counsel to children in these proceedings. Up to now, research has been scarce.

State grades were based on a rigorous examination of state law by leading national child welfare experts, who established guiding principles and developed a 100-point grading system. Criteria included: whether state law mandates that attorneys be appointed for children in dependency proceedings; whether these attorneys represent the children in a client-directed manner; whether this representation continues throughout the case, including appeal; whether states have specialized education or training of a child's counsel; whether the child is given the legal status of a party to the proceedings; and whether rules pertaining to confidentiality and immunity from liability apply to attorneys representing these children. Extra credit was given if states have mandatory caseload limits for children's counsel. Officials and/or advocates from each state participated in the process and provided valuable feedback.