Child welfare and the courts
Child welfare and the courts
Families that become involved with the child welfare system often interact with the judicial system and may be involved in various court proceedings. Families are required to attend court hearings, for example, if their child is removed from their home, to determine a child’s legal guardian, to determine when and whether a child can safely return home, or to resolve a child’s permanency. How legal proceedings unfold within child welfare differs by state, as does access to legal representation for parents and children. Specific populations, such as families with immigration needs or LGBTQ+ children, often face additional barriers to equitably accessing systems and needed services.
Resources on this page include a wide range of legal issues that affect the families and agencies that interact with the court system. They include: termination of parental rights; remote court hearings; family treatment courts; immigration; high-quality legal representation; and the connection between quality legal services and family well-being. Other resources are related to the Indian Child Welfare Act, specific court programs for families, and litigation and lawsuits related to child welfare. For resources focused specifically on the continuum of preventive legal advocacy, visit this topic page.
National organizations focused on child welfare and the courts include:
- Family Justice Initiative
- Lambda Legal
- National Alliance for Parent Representation
- National Association of Counsel for Children
- National Center for State Courts
- National Council of Juvenile and Family Court Judges
- The Center on Immigration and Child Welfare Initiative
- Young Center for Immigrant Children’s Rights
FEATURED RESOURCES
How can pre-petition legal representation help strengthen families and keep them together?
What can we learn from family treatment courts to support systems change?
What lessons can we learn from ICWA courts?
Please explore the related resources below and at Questions from the field to learn more about financing and funding in the child welfare system.