Hello, we’re Kathey and Rob Raskin of Las Vegas and we care about what happens to children in the foster care system. And, Idaho has serious gaps. Children are lacking representation in protective services cases, according to a report by the Office of Performance Evaluation.
The OPE report found, “Gaps exist in Idaho’s system of representation for children […] in child protection cases. We found a portion of children […] did not have […] court-appointed representation.”
OPE assessors studied 207 cases, a sample of about 3,300 statewide child protection cases from 2017. In about 33%, children in a child protective services case, which frequently results in the removal of a child from a parents’ house, did not receive representation of either a guardian-ad-litem, a court-appointed advocate, or a public defender.
Idaho requires all children to receive this representation, and the OPE found without it, children are less likely to achieve permanent placement or have an effective voice in the cases.
OPE evaluator Amanda Bartlett stated, “Having a single person you can […] trust […] to advocate for your interests is […] key.”
Lack of state funding for child advocates and an inadequate number of private volunteers are contributors to the issue. There is also no entity charged with overseeing how frequently children go without representation, and OPE has suggested its creation.
Idaho’s guardian ad litem system differs from some states, where the ad litem may be a court-appointed attorney. Here, each judicial district has a chosen, private nonprofit entity which arranges and assembles training for volunteers who serve the best interests of kids in child protection cases.
Evaluator Bryon Welch testified, “They’re […] able to invest in those children throughout the life of their case.”
The report quoted an unidentified state judge who stated representation is most successful when children receive both a guardian ad litem and a court-appointed attorney. PDs have large caseloads, limiting the time they can spend on each case. However, their legal training makes them effective in court. Guardians ad litem can more time gaining a detailed understanding of the child.
Evaluators stated the present level of state funding isn’t adequate to manage the program’s costs, so the nonprofits spend a substantial amount of time fundraising. This trades off with the amount of time a smaller staff has to enlist volunteer guardians ad litem. In most cases, there aren’t enough volunteers to manage the caseload, so staff often volunteer, further straining inadequate resources.
OPE assessors suggested working to organize the services of guardians ad litem and attorneys to offer effective representation, expanding training for PDs regarding child protection cases and classifying some entity to monitor and coordinate the numerous players in child protection cases. The committee asked for a follow-up statement next year on development toward those goals.
We know the foster care system isn’t perfect and changes must be made. Proper representation can help kids stay safe and be heard. Idaho and many other states must do better. We, Kathey and Rob Raskin, aim to stop DHR corruption throughout the county. If you have a complaint, log it on our main page now. Then, contact your local representatives here to make a bigger impact.