Issues & Representation for Children in NC Foster Care

A brochure prepared by Advocates for Children's Services

CONTENTS:

A. Children who are formally alleged to be abused or neglected....
    1. ISSUE: Mental Health Services (Medicaid)
    2. ISSUE: Special Education Services (IDEA)
    3. ISSUE: Placement (foster care vs. relative)
    4. ISSUE: Placement (not speedy)
    5. ISSUE: Arrested for shoplifting

B. Children who are formally alleged to be dependent....
    1. ISSUE: Mental Health Services (Medicaid)
    2. ISSUE: Special Education Services (IDEA)
    3. ISSUE: Placement (foster care vs. relative)
    4. ISSUE: Placement (not speedy)
    5. ISSUE: Arrested for shoplifting

Issues & Representation
for Children in NC Foster Care

 

A. Children who are formally alleged to be abused

In North Carolina, children who are formally alleged to be abused or neglected are automatically assigned a "Guardian ad Litem" ("GAL"):

1. ISSUE: Jane has been denied mental health services she needs
    and to which she is entitled by Medicaid.

  • Attorney Appointed by:
      Although Jane already has a GAL, the GAL does not have the
      statutory authority to appeal the denial. Jane will have to
      retain her own attorney to appeal the denial. DSS will contend
      that she needs their permission to retain her own lawyer.
  • Attorney Represents:
      If Jane does retain an attorney, that attorney will represent
      Jane’s expressed interest.
  • Venue:
       Federal Court or State Administrative Law Judge

2. ISSUE: Jose has been denied special education services to
    which he is entitled by IDEA.

  • Attorney Appointed by:
      Although Jose already has a GAL, the GAL does not have the
      statutory authority to appeal the denial. Jose will have to
      retain his own attorney to appeal the denial. DSS will contend
      that he needs their permission to retain his own lawyer.
  • Attorney Represents:
      If Jose does retain an attorney, that attorney will represent Jose’s
      expressed interest.
  • Venue:
      Federal Court or State Administrative Law Judge

3. ISSUE: There is a dispute over Frankie’s placement
    (foster home vs. aunt).

  • Attorney Appointed by:
      Frankie has already been appointed a GAL by the state.
  • Attorney Represents:
      The GAL will represent Frankie’s best interest.
  • Venue:
      State District Court (DDS Court)

4. ISSUE: Jesse has been in foster care for more than 2 years.
    He has not been provided the speedy, permanent placement
    to which he is entitled by the federal Adoption & Safe
    Families Act (ASFA).

  • Attorney Appointed by:
      Although Jesse already has a GAL, the GAL does not have the
      statutory authority to get involved. Jesse will have to retain
      his own attorney. DSS, the entity he will be directly
      challenging, will contend that he needs their permission to
      retain his own lawyer.
  • Attorney Represents:
      If Jesse does retain an attorney, that attorney will represent
      Jesse’s expressed interest.
  • Venue:
      Federal Court or State Administrative Law Judge

5. ISSUE: Tommy has been arrested for shoplifting.

  • Attorney Appointed by:
      Although Tommy already has a GAL, the GAL does not have
      the statutory authority to get involved. Tommy’s attorney
      will be appointed by the Juvenile Delinquency Court.
  • Attorney Represents:
      This court-appointed attorney will represent Tommy’s
      expressed interest.
  • Venue:
      State Juvenile Delinquency Court

B. Children who are formally alleged to be dependent

In North Carolina, children who are formally alleged to be dependent may be assigned a "Guardian ad Litem" ("GAL"), but it is not required.

1. ISSUE: Jane has been denied mental health services
    she needs and to which she is entitled by Medicaid.

  • Attorney Appointed by:
      Whether or not Jane already has a GAL, she will have to
      retain her own attorney.  The GAL does not have the
      statutory authority to appeal the denial.  DSS will contend
      that she needs their permission to retain her own lawyer.
  • Attorney Represents:
      If Jane does retain an attorney, that attorney will represent
      Jane’s expressed interest.
  • Venue:
      Federal Court or State Administrative Law Judge

2. ISSUE: Jose has been denied special education services
    to which he is entitled by IDEA.

  • Attorney Appointed by:
      Whether or not Jose already has a GAL, he will have to
      retain his own attorney. A GAL does not have the statutory
      authority to appeal the denial. DSS will contend that he
      needs their permission to retain his own lawyer.
  • Attorney Represents:
      If Jose does retain an attorney, that attorney will
      represent Jose’s expressed interest.
  • Venue:
      Federal Court or State Administrative Law Judge

3. ISSUE: There is a dispute over Frankie’s placement
    (foster home vs. aunt).

  • Attorney Appointed by:
       If Frankie does not already have a GAL, she will need to
       retain her own attorney.
  • Attorney Represents:
       If Frankie already has a GAL, the GAL will represent Frankie’s
       best interest.  If Frankie retains her own attorney, that
       attorney will represent Frankie’s expressed interest.
  • Venue:
       State District Court (DDS Court)

4. ISSUE: Jesse has been in foster care for more than 2 years.
    He has not been provided the speedy, permanent placement
    to which he is entitled by the federal Adoption and Safe
    Families Act (ASFA).

  • Attorney Appointed by:
      Whether or not Jesse already has a GAL, he will have to
      retain his own attorney to appeal the denial.  A GAL does not
      have the statutory authority to get involved.  DSS, the entity
      Jesse would be directly challenging, will contend that he
      needs their permission to retain his own lawyer.
  • Attorney Represents:
      If Jesse does retain an attorney, that attorney will represent
      Jesse’s expressed interest.
  • Venue:
       Federal Court or State Administrative Law Judge

5. ISSUE: Tommy has been arrested for shoplifting.

  • Attorney Appointed by:
      Whether or not Tommy already has a GAL, he will have to
      retain his own attorney.  A GAL does not have the statutory
      authority to get involved.  Tommy’s attorney will be
      appointed by the Juvenile Delinquency Court.
  • Attorney Represents:
      This court-appointed attorney will represent Tommy’s
      expressed interest.
  • Venue: State
      Juvenile Delinquency Court

This information prepared by:
Advocates for Children's Services
(A special Statewide project of Legal Aid of North Carolina)
201 West Main Street, Suite 400, Durham, NC 27702
919-226-0051
E-mail: ACSinfo@legalaidnc.org ยท Website: www.legalaidnc.org

 

 

Back  |  Top


Disclaimer

The materials contained on this website are for information and educational purposes only and do not constitute legal advice. Please contact your Legal Aid of North Carolina office or a private attorney if you need to speak to an attorney regarding your particular situation. See our complete disclaimer.

Mission Statement

Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity.

Back  |  Top