Prepetition Legal Representation

Legal advocates may represent families, typically parents, in the early stages of a child welfare case before a child is removed from the home and often before an abuse or neglect petition is filed. A form of preventative legal advocacy, prepetition legal representation aims to keep the family together, keep children in the home, and prevent the need for foster care. The ABA Center on Children and the Law, National Council of Juvenile and Family Court Judges, and the Family Justice Initiative all support prepetition legal representation.

Resources

A Law Clinic Model for Preventive Legal Advocacy

This article highlights the Family Legal Advocacy and Supports Clinic (FLASC), a multidisciplinary a preventive legal advocacy clinic n Wisconsin. FLASC aims to deliver high-quality legal and social support services to stabilize families and prevent deeper involvement in the child welfare system. The clinic also aims to deliver high-quality education to law students and social work students through hands-on client work.

Supporting Early Legal Advocacy before Court Involvement in Child Welfare Cases

This judicial action alert highlights the reasons for providing legal advocacy early in a child welfare case before court involvement. It explains legal advocates' roles, benefits of this advocacy, how it supports judges’ roles, how judges can support it, and how communities are using it in child welfare cases.

Preserving Families Through High-Quality Pre-Petition Representation

This article highlights Iowa Legal Aid’s Parent Representation Project, which has provided extended representation and services to nearly 300 clients, keeping a total of 468 children out of the juvenile court system.

Preserving Families Through High-Quality Pre-Petition Representation

Iowa Legal Aid’s Parent Representation Project has provided extended representation and services to nearly 300 clients, keeping a total of 468 children out of the juvenile court system.

Cornerstones of Interdisciplinary Prevention Advocacy

An overview of the prevention work at Dependency Advocacy Center to help build best practices for preventive representation and support.

FJI Attribute 4: Timing of Appointment

This resource explains how to meet Attribute 4 of the Family Justice Initiative's Attributes of High-Quality Legal Representation relating to timing of appointment. It encourages supporting prepetition legal work by attorneys and highlights several programs around the country.

Prepetition Legal Representation Programs

Children’s Law Center of California

In January 2020, CLC started the Pritzker Pre-Filing Project, an early precourt legal advocacy project that serves expecting and parenting youth with whom CLC has a relationship through a dependency case. The project receives referrals from child welfare agencies who are investigating child abuse calls, or directly from clients who have been contacted by the agency.

Family Intervention Response to Stop Trauma (F.I.R.S.T) Clinic

The F.I.R.S.T. Clinic provides early, precourt legal advocacy to prevent drug-exposed infants from entering foster care while keeping them safe with their parents or family members. The project is a partnership between a local hospital, a wraparound service provider for at-risk children and parents, and parent attorneys.

Legal Services of New Jersey

In 2018, LSNJ began receiving referrals from child welfare agency caseworkers to provide legal assistance to parents before the filing of a removal petition. Cases that are referred have raised child safety concerns that are rooted in poverty not parenting and are ones the agency is unable to resolve with in-house services.

Iowa Legal Aid

Four Iowa counties are participating in a pilot program that provides early representation to child welfare-involved parents before an abuse or neglect petition is filed. The child welfare agency or service providers refer to Iowa Legal Aid clients who would benefit from legal services aimed at keeping them out of juvenile court and reducing the chances of foster care placement.

Renew Your ABA Membership

Prepetition Legal Representation

Resources

A Law Clinic Model for Preventive Legal Advocacy

Supporting Early Legal Advocacy before Court Involvement in Child Welfare Cases

Preserving Families Through High-Quality Pre-Petition Representation

Preserving Families Through High-Quality Pre-Petition Representation

Cornerstones of Interdisciplinary Prevention Advocacy

FJI Attribute 4: Timing of Appointment

Prepetition Legal Representation Programs

Children’s Law Center of California

Family Intervention Response to Stop Trauma (F.I.R.S.T) Clinic

Legal Services of New Jersey

Iowa Legal Aid

ABA Resources

The ABA

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Renew Your ABA Membership

American Bar Association TM American Bar Association

Prepetition Legal Representation Webinar

Resources

A Law Clinic Model for Preventive Legal Advocacy

Supporting Early Legal Advocacy before Court Involvement in Child Welfare Cases

Preserving Families Through High-Quality Pre-Petition Representation

Preserving Families Through High-Quality Pre-Petition Representation

Cornerstones of Interdisciplinary Prevention Advocacy

FJI Attribute 4: Timing of Appointment

Prepetition Legal Representation Programs

Children’s Law Center of California

Family Intervention Response to Stop Trauma (F.I.R.S.T) Clinic

Legal Services of New Jersey

Iowa Legal Aid

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ABA Resources

The ABA

Connect