Indiana is one of six states that doesn’t guarantee legal counsel for children in welfare cases. That means in many cases children facing legal issues don’t have an attorney representing them in court.
One bill proposed this session tried to address the issue by ordering a public defender be provided to children in need of services and to kids in cases of termination of parental rights.
Councel for Kids Map
The issue is one that’s near to Joshua Christian Oslwald’s heart. He was in the foster care system for 18 years – starting when he was two years old.
Adopted as an adult aging out in 2020, he feels having a court appointed attorney as part of his team growing up would have helped him.
“I really wasn't educated on what permanency outcomes could be,” he said. “That's adoption, reunification, guardianship or kinship, or somebody that is a trusted, loving adult around me. I didn't have somebody there to explain all these things to me around permanency.”
Oswald said that as a teenager, it was difficult to get ahold of legal documents like his birth certificate.
Joshua Oswald in his home in Indianapolis.
“Legal documents for young people are really important, especially as we're about to enter the world on our own and have to navigate life with very little social capital.”
Maggie Stevens with Foster Success–an organization that provides support for foster youth 14 and up–spoke in support of the bill during a January hearing before the Senate Committee on Family and Children Services.
“They don’t necessarily always feel that they’re heard. I mean, we’ve heard young people say they didn’t even know there were court hearings happening, let alone being given the opportunity to be there,” she said. “They just found out about them afterwards; that all the other parties came together, spoke about it, and a ruling was made.”
Stevens said a legal representative can petition for a young person to give testimony in closed chambers, so they don’t have to speak in front of their foster family or biological parents.
The bill’s author, Senator Jon Ford (R- Terre Haute) who’s been in the foster care system himself, said he and other legislators submitted a letter to the Legislative Council asking that the bill be assigned to a study committee. Ford said they’re waiting on an answer, which will come in the next couple months. Whether the bill passed in the House or not has no sway on if the Legislative Council decides to approve the bill for study.
Children in Indiana’s foster care system have a team of advocates which can include a Guardian ad Litem (GAL), court appointed special advocate (CASA) and social workers.
A special advocate is appointed to advocate for a child’s best interests in cases of abuse or neglect. Kristin Bishay, with Monroe County CASA says Ford’s bill doesn’t consider some important logistical issues–particularly setting an age limit on who is guaranteed legal representation and how to cover the cost.
Monroe County CASA
“Are there guidelines on if these attorneys are trained to represent children, or in family law, and also if they're required to see the children? One fear we have is that the only time they might see the child is outside the courtroom right before they go in.”
She emphasized that CASA is not against the bill, but hopes lawmakers consider some of these issues if they look at the bill again.
In child welfare cases, judges can appoint legal representation to juveniles and kids can request counsel themselves.
Judge Steve Galvin said it’s not uncommon for him to appoint a public defender for children in need of services, especially when they’re over the age of 14 or dealing with complex issues that come as the result of neglect or abuse.
“They may have substance abuse problems, mental health problems, they could have been trafficked,” he said. “These children have unique issues. And oftentimes the decision-making process involves offering them treatments, sometimes treatment that they don't want. Those children need to have counsel and I routinely appoint attorneys.”
Judge Galvin in his Monroe County court room.
He said they use Monroe County’s public defender. Galvin’s hopeful the bill will get a summer study committee.
Projections discussed in the Statehouse said SB 180 would cost the state upwards of $11 million and $38 million in local expenses.
Oslwald said providing legal representation for all children in need of services, especially in the foster care system, is important. He’s now director of strategic partnerships for All IN Fostering Futures.
“It's really important to make sure that young people's voices are heard, and their wishes are presented to the court and those wishes to be considered to the court.”
He said even younger kids would benefit from the representation. He plans to help with SB 180 moving forward.
Senator Ford said he would bring the issue up in the 2023 legislative session.
