Columnist Sandy Thompson: Children’s Attorneys Project is worthwhile

Sandy Thompson

Friday, July 26, 2002 | 3:50 a.m.

MOST ADULTS would be upset if a 12-year-old tried to tell them what to do. Not Steve Hiltz. That's part of his job.

Hiltz is the lead attorney for the Children's Attorneys Project (CAP), which represents children in Family Court. The children are the clients. He and the three other CAP attorneys make their clients' wishes known to the judge, social worker and others involved in the cases.

CAP gives children a voice in an arena that's generally more geared to the wants and needs of adults. The project, under Clark County Legal Services, was long overdue when it was founded in 1999. Before that time, children did not have attorneys to petition the court on their behalf, despite a federal mandate that courts appoint representatives for children.

The children are referred to CAP by Family Court, Child Protective Services, social workers, foster parents and others. Sometimes when attorneys are assigned to a case by a court they meet their clients for the first time in the hallway 15 minutes before a scheduled hearing. That's not so with CAP attorneys. They spend time talking with the children to ascertain what they want and need, as well as gaining their trust. The attorneys make an effort to see where the children live. They go to group homes and foster homes.

Nearly all of the children CAP represents are in foster care. In 2001 the number was 352, which is only 28 percent of all children in the system, so the potential to get involved in more cases is overwhelming. (Since its inception, CAP has represented 425 children.) Only on rare occasions does CAP represent children in a guardianship or particularly contentious custody case. Children in some custody cases desperately need attorneys, Hiltz says. However, even though CAP is seeking to hire a fifth attorney and enlists the pro-bono services of volunteer attorneys (22 in 2001) to handle cases, the project could not begin to fill that need.

The vast majority of CAP cases involve children who were taken from their parents because of abuse and neglect -- primarily parental drug abuse. "We try to deal with systemic issues such as sibling separation and visitation, especially after the adoption of a sibling. We're also looking at mental health treatment issues for foster children," Hiltz says.

CAP attorneys usually push for what their clients want -- living arrangements, relations with siblings, needed services, etc. According to CAP's 2001 annual report, attorneys successfully achieved the wishes of their clients in 95 percent of the cases.

What the child wants, though, is not always in his best interests. For example, it's not likely that a CAP attorney would push for a child's desire to return to a parent who sexually abused the child. In that case the attorney may ask the court to place the child elsewhere until the parent could get the help and services needed to make sure it is safe for the child to return home.

One of the benefits of a child having his own attorney is that the judge gets more information "due to the fact we're there," Hiltz says. Oftentimes the information given in court is about the parents -- not what the child needs. CAP fights for what the child needs and keeps track of what's going on in his life and of the decisions affecting his life. Sometimes that involves seeking alternative placements for foster children. If an 11-year-old girl is placed in a group home with 15-year-olds who are sexually active and street-wise, CAP would attempt to get a more appropriate placement.

CAP will only continue to grow in referrals and respect. Its initial goal was to keep the number of cases within reason of what attorneys could handle, Hiltz says. Attorneys are now struggling with that as they accept more and more cases because the needs of children are so great. CAP hopes to double the number of children receiving legal help in 2002. The project is funded through various grants and by district and justice court filing fees.

The Children's Attorneys Project is well worth the efforts and should continue to receive support. Its clients are worth fighting for.