You asked how other states pay for attorneys who represent children of indigent parents in family court and whether any public or private grants are available for this purpose.

SUMMARY

The American Bar Association's Child Custody Pro Bono Project identifies 20 states, including Connecticut, where a court can appoint an attorney to represent a child or to be a guardian ad litem (GAL, who represents the child's best interests whether or not they coincide with the child's wishes) in domestic relations cases such as child custody, visitation, and support and for whom the state or county government pays when the child's parents cannot. In most of these states, as in Connecticut, the court establishes a list of attorneys who are willing to do this work and pays them on an hourly basis from a line item in the court's General Fund appropriation. Connecticut pays a flat $ 25 per hour; some states, like New York, pay a higher hourly rate for court appearances than for out-of-court work.

Delaware and New Hampshire take different approaches. In the former, three staff attorneys in the Judicial Department's Child Advocate Office act as GAL for indigent children in high-conflict family relations cases. The office also maintains a list of attorneys who provide representation on a pro bono (volunteer) basis. In New Hampshire, when the court appoints a private attorney to act as a GAL for an indigent child, the attorney's payment comes out of a special Supreme Court fund established by law that is capitalized by a portion of the filing fees paid in marital relations cases.

We could not identify any public or private funding sources specifically targeted to pay for attorneys to represent indigent children in family matters. But some federal discretionary grants for victim assistance, family violence, and child abuse and neglect prevention may be applicable. And a private legal foundation provides financial assistance for activities to help families affected by divorce, including child advocacy programs.

STATES' APPROACHES TO REPRESENTATION FOR INDIGENT CHILDREN IN FAMILY MATTERS

Connecticut

Connecticut law allows a family court judge in a divorce or separation case to appoint counsel to represent a child if he determines this is in the child's best interest. A judge can also appoint an attorney when there is a dispute over the child's custody, care, education, visitation, or support. It can also appoint a GAL. The judge can make an appointment on his own or on the motion of either party, the child's legal guardian, or a child who is old enough. The court can order either or both parents to pay for the attorney, or, if the child is receiving or has received state care (e. g. , foster care or welfare), the Judicial Department pays for the attorney from its General Fund appropriation (CGS §§ 46b-54, 62).

The Judicial Department sets the rate for paying court-appointed attorneys for indigent children. Currently, it pays $ 25 per hour. In FY 2000-01, it spent $ 1,787,000 on attorneys and GALs for indigent clients in civil cases, according to the department's legislative liaison, Debra Fuller. Most of these cases involve children, Fuller says, but the department does not collect data in a way that separates children's representation from adults or identifies the types of cases in which an attorney or GAL was appointed.

Delaware

The state's child advocate and two deputy advocates act as GAL for indigent children in both domestic relations and child welfare (i. e. abuse and neglect) cases. The Child Advocate Office is part of the Judicial Branch, and these three attorneys are state employees. The two deputies handle about 30 to 40 cases per year; the child advocate handles fewer cases because of her other duties. The office could not break down the split between domestic relations and child welfare cases. The office also maintains a list of 100 to 120 attorneys who serve pro bono, that is volunteer their services. When a conflict arises between the GAL and the child, the child advocate will appoint another attorney to represent the child.

New Hampshire

A New Hampshire judge in a divorce or separation case can appoint a GAL to represent a child's interests. The costs of the GAL and specialists he uses to help him (e. g. , investigators, counselors) are charged to the parents. If the parents cannot pay, the court pays for them, but the indigent parent or parents are still responsible for repaying the state through the Administrative Service Department's Cost Containment Unit. (This unit corresponds to Connecticut's Bureau of Collection Services. )

The court's payments to GALs come from a special Supreme Court fund established by statute. The fund is capitalized by a portion of the filing fees paid in marital relations cases. GALs are paid $ 30 per hour for court time and $ 20 per hour for out-of-court time. The court must approve any charges over $ 500 (NH Stat. Ann, 458: 17-a & b, e).

OTHER SOURCES OF FUNDING

We identified three federal grant programs and one private source that might provide funding for an organization that provides representation for indigent children in family matters.

· The Legal Assistance for Victims Grant Program provides funds to nonprofit groups to establish, implement, and expand projects to provide legal assistance to victims of domestic violence and sexual assault.

· Family Violence Discretionary Grants are available to private and public agencies for the purpose of protecting violence victims and their dependents and improving service design and coordination.

· Child Abuse and Neglect Discretionary Activity Grants go to government agencies and nonprofit organizations for service demonstration projects to assess, prevent, and treat child abuse and neglect.

· The American Academy of Matrimonial Lawyers Foundation provides financial assistance for activities to help families affected by divorce, including child advocacy programs.

All three federal grants are administered by the Administration for Children and Families. Attachment 1 provides details on eligibility requirements and the grant process.

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