A class action lawsuit filed in federal court charges that Indiana should provide legal representation for children in dependency proceedings. The case focuses on the rights of children removed from their homes.
In 2017, Indiana courts declared more than 29,000 Hoosier children to be a Child in Need of Services, or CHINS. The court decides where these children will live, go to school, and whether or not they stay with their siblings.
But Indiana does not require the children receive legal representation.
A pro bono team of attorneys filed a lawsuit against Marion, Lake and Scott counties that seeks to change that. Attorney Steve Keane works for Morrison and Foerster, one of the law firms in that pro bono team.
"They need a voice in legal proceedings where their fate will be determined with consequences that will impact the rest of their lives," says Keane.
Right now children in Indiana have Court Appointed Special Advocates, or CASAs, to help in these cases. An attorney would advocate for a child’s wishes and navigate legal and procedural issues.
Keene says Hoosier children are being denied their rights.
"When a kid doesn’t have an attorney there is no one to present the child’s wishes to the court, there’s no one to present evidence or witnesses that support the child’s wishes or even pressure test the best interest proposal," says Keane.
Keane says studies show children who have an attorney experience faster adoption and reunification. Most states require legal representation for children in CHINS cases.
The counties named in the suit have three weeks to respond.