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INTRODUCTION
Angela Olivia Burtont
I. FAMILY DEFENSE IN CONTEXT: THE EVOLUTION OF THE
RIGHT TO COUNSEL FOR POOR PARENTS IN CHILD
WELFARE PROCEEDINGS . ............................... 6
II. IMPEDIMENTS TO HIGH QUALITY FAMILY DEFENSE ...... 12
III. REIMAGING FAMILY DEFENSE: ENHANCING PARENTAL
REPRESENTATION ...................................... 15
A. Standards of Practice for Parents' Attorneys........... 15
B. Examples of Parent Representation Models ............ 17
CONCLUSION ................................................. 20
Parents' fundamental liberty interest in the companionship, care,
custody, and control of their children 'does not evaporate simply
because they have not been model parents or have lost temporary
custody of their child to the State. . . . [P]arents retain a vital
interest in preventing the irretrievable destruction of their family
life.'
Santosky v. Kramer, 455 U.S. 745, 753 (1982).
Parents' fundamental liberty interest in the care and custody
of their children is protected by the Due Process Clause of the
Fourteenth Amendment to the Constitution of the United States.
Despite the United States Supreme Court's ruling that states are
not required, in every case, to provide a publicly funded lawyer for
a parent whose rights to family integrity and autonomy are
threatened by coercive government intervention, most states do
provide a right to appointed counsel for parents who cannot afford
f Angela Olivia Burton is the Director of Quality Enhancement, Parent Represen-
tation at the New York State Office of Indigent Legal Services (ILS), a state agency
created in 2010 to monitor, study and make efforts to improve the quality of' legal
representation to persons eligible for free legal assistance in criminal cases and cer-
tain family court cases. N.Y. EXEC. LAw § 832(1) (McKinney 2016). She formerly
served on the faculty of New York University School of Law as a Lawyering Professor
(1995-1998), at Syracuse University College of Law as Director of the Children's
Rights and Family Law Clinic (1998-2003), and as an Associate Professor at the CUNY
Law School (2003-2012), where she founded and directed the Family Law Concentra-
tion, an externship program in which students had the opportunity to work with insti-
tutional providers of parental defense in New York City.
1 Troxel v. Granville, 530 U.S. 57, 66 (2000); see also Santosky v. Kramer, 455 U.S.
745, 753 (1982) ([There is a] fundamental liberty interest of natural parents in the
care, custody, and management of their child .... ).
2 Lassiter v. Dep't of Soc. Services, 452 U.S. 18 (1981).
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