Missouri bill designed to bolster family legal defense signed into law
Older children in foster care would have their own attorneys and a commission will study how to improve legal representation throughout the foster care system under a bill signed Wednesday by Gov. Mike Kehoe.
The provision Republican state Sen. Travis Fitzwater of Holts Summit added to a sweeping foster care bill makes changes to the model of legal representation for certain foster kids and establishes a commission to look into parental defense.
A similar provision is included in another bill, also signed Wednesday. That bill also extends several tax credits, strengthens the law against hazing on college campuses and adds new protections for young people testifying in criminal cases.
'Today's action on this legislation is about standing up for the most vulnerable Missourians; those who often times cannot advocate for themselves,' Kehoe said in a news release. 'Protecting these individuals is not just a priority, it's a responsibility we all share, and we appreciate the General Assembly for sending this legislation to my desk. We must provide safety, support, and dignity to those who need it most.'
A monthslong investigation by the Independent earlier this year found Missouri's system for providing legal representation to families ensnared in the foster care system is highly decentralized, relying on county-level funding and operating with little state oversight. Some parents go without representation, while those who do get assigned an attorney often find them too overworked and underpaid to provide meaningful advocacy.
The bill would also change the model of legal representation for foster children who are 14 and older, so kids 'have somebody going to bat, that are on their side in the court system,' Fitzwater said earlier this year.
Currently, foster children in Missouri are assigned guardians ad litem, who are attorneys tasked with acting in what they view as the child's best interest. The bill would assign children 14 and older to client-directed attorneys, meaning they would act based on the goals of the children.
The bill also establishes a commission to study parents' and children's legal representation throughout the state, and directs the commission to recommend practice standards and training requirements.
The U.S. Constitution guarantees the right to representation for those facing criminal charges. But there is no such federal right in civil court, where foster care cases unfold. The consequences — family separation — can feel as severe as incarceration.
The outcome can depend on where you live, even within the state, The Independent's investigation found.
In some Missouri counties, more than 80% of foster care cases involving a biological parent list no attorney for the parent, while in other counties, that rate is under 10%. That's according to data produced by the Office of State Courts Administrator — which provides administrative, business and technology support to Missouri courts — in response to a request from The Independent.
State law grants judges in Missouri more discretion than in most other states when deciding whether to appoint counsel for indigent parents. Once appointed, quality and pay vary widely.
A survey of Missouri's 46 judicial circuits by The Independent shows some counties pay parents' attorneys as little as $25 per hearing, and some attorneys carry hundreds of cases at a time. Attorneys told The Independent in some counties parent representation is considered pro bono work because the pay is so low.
There is currently no required specialized training in the state to be a parents' attorney, though there is required training for similar positions, such as guardians ad litem — attorneys tasked with representing foster kids' best interests. There are no state Supreme Court-adopted standards of practice. Parents' attorneys in most counties in the state are solo practitioners who agree to take on some of these cases in addition to the rest of their caseload. They don't always have expertise in this complex area of law.
Just one county was in the process of spending federal funding that has been available for parent representation since 2019, as of earlier this year.
The change to legal representation of older foster children, which would be subject to appropriation, goes into effect in 2028 unless a county opts into a pilot program. The judge in each case would still have the discretion to continue the guardian ad litem appointment.
There are at least 10 states that have adopted client-directed legal representation for all foster children, and 11 other states have adopted it for kids of a certain age, competency or need, according to the National Association of Counsel for Children's campaign Counsel for Kids.
Some lawmakers raised concerns that children would want to go to unsafe homes, such as returning to parents recently released from prison. The bill was changed to offer the judge discretion as to whether to appoint counsel in addition to a guardian ad litem.
Additionally, the American Bar Association's model rules of conduct provide guidance for attorneys in those kinds of situations, and studies have shown the client-directed model for kids to produce better outcomes in terms of time spent in foster care, and chances of reunification.
It would also require the state Department of Social Services to build a program of residential care for youth with severe behavioral challenges currently being held in inappropriate placements, by contracting with qualified service providers. This, too, would likely require funding by the legislature.
Rudi Keller of The Independent staff contributed to this report.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
San Francisco Chronicle
8 minutes ago
- San Francisco Chronicle
Republicans look to make a U-turn on federal commitment to electric vehicles for the Postal Service
WASHINGTON (AP) — A year after being lauded for its plan to replace thousands of aging, gas-powered mail trucks with a mostly electric fleet, the U.S. Postal Service is facing congressional attempts to strip billions in federal EV funding. In June, the Senate parliamentarian blocked a Republican proposal in a major tax-and-spending bill to sell off the agency's new electric vehicles and infrastructure and revoke remaining federal money. But efforts to halt the fleet's shift to clean energy continue in the name of cost savings. Donald Maston, president of the National Rural Letter Carriers' Association, said canceling the program now would have the opposite effect, squandering millions of dollars. 'I think it would be shortsighted for Congress to now suddenly decide they're going to try to go backwards and take the money away for the EVs or stop that process because that's just going to be a bunch of money on infrastructure that's been wasted," he said. Beyond that, many in the scientific community fear the government could pass on an opportunity to reduce carbon emissions that contribute to global warming when urgent action is needed. Electrified vehicles reduce emissions A 2022 University of Michigan study found the new electric postal vehicles could cut total greenhouse gas emissions by up to 20 million tons over the predicted, cumulative 20-year lifetime of the trucks. That's a fraction of the more than 6,000 million metric tons emitted annually in the United States, said professor Gregory A. Keoleian, co-director of the university's Center for Sustainable Systems. But he said the push toward electric vehicles is critical and needs to accelerate, given the intensifying impacts of climate change. 'We're already falling short of goals for reducing emissions,' Keoleian said. 'We've been making progress, but the actions being taken or proposed will really reverse decarbonization progress that has been made to date.' Many GOP lawmakers share President Donald Trump's criticism of the Biden-era green energy push and say the Postal Service should stick to delivering mail. Sen. Joni Ernst, R-Iowa, said 'it didn't make sense for the Postal Service to invest so heavily in an all-electric force." She said she will pursue legislation to rescind what is left of the $3 billion from the Inflation Reduction Act allocated to help cover the $10 billion cost of new postal vehicles. Ernst has called the EV initiative a 'boondoggle' and "a textbook example of waste,' citing delays, high costs and concerns over cold-weather performance. 'You always evaluate the programs, see if they are working. But the rate at which the company that's providing those vehicles is able to produce them, they are so far behind schedule, they will never be able to fulfill that contract," Ernst said during a recent appearance at the Iowa State Fair, referring to Wisconsin-based Oshkosh Defense. 'For now,' she added, "gas-powered vehicles — use some ethanol in them — I think is wonderful.' Corn-based ethanol is a boon to Iowa's farmers, but the effort to reverse course has other Republican support. Rep. Michael Cloud, R-Texas, a co-sponsor of the rollback effort, has said the EV order should be canceled because the project "has delivered nothing but delays, defective trucks, and skyrocketing costs.' The Postal Service maintains that the production delay of the Next Generation Delivery Vehicles, or NGDVs, was 'very modest" and not unexpected. 'The production quantity ramp-up was planned for and intended to be very gradual in the early months to allow time for potential modest production or supplier issues to be successfully resolved,' spokesperson Kim Frum said. EVs help in modernization effort The independent, self-funded federal agency, which is paid for mostly by postage and product sales, is in the middle of a $40 billion, 10-year modernization and financial stabilization plan. The EV effort had the full backing of Democratic President Joe Biden, who pledged to move toward an all-electric federal fleet of car and trucks. The 'Deliver for America' plan calls for modernizing the ground fleet, notably the Grumman Long Life Vehicle, which dates back to 1987 and is fuel-inefficient at 9 mpg. The vehicles are well past their projected 24-year lifespan and are prone to breakdowns and even fires. 'Our mechanics are miracle workers,' said Mark Dimondstein, president of the American Postal Workers Union. 'The parts are not available. They fabricate them. They do the best they can.' The Postal Service announced in 2022 it would deploy at least 66,000 electric vehicles by 2028, including commercial off-the-shelf models, after years of deliberation and criticism it was moving too slowly to reduce emissions. By 2024, the agency was awarded a Presidential Sustainability Award for its efforts to electrify the largest fleet in the federal government. Building new postal trucks In 2021, Oshkosh Defense was awarded a contract for up to 165,000 battery electric and internal combustion engine Next Generation vehicles over 10 years. The first of the odd-looking trucks, with hoods resembling a duck's bill, began service in Georgia last year. Designed for greater package capacity, the trucks are equipped with airbags, blind-spot monitoring, collision sensors, 360-degree cameras and antilock brakes. There's also a new creature comfort: air conditioning. Douglas Lape, special assistant to the president of the National Association of Letter Carriers and a former carrier, is among numerous postal employees who have had a say in the new design. He marvels at how Oshkosh designed and built a new vehicle, transforming an old North Carolina warehouse into a factory along the way. 'I was in that building when it was nothing but shelving,' he said. 'And now, being a completely functioning plant where everything is built in-house — they press the bodies in there, they do all of the assembly — it's really amazing in my opinion.' Where things stand now The agency has so far ordered 51,500 NGDVs, including 35,000 battery-powered vehicles. To date, it has received 300 battery vehicles and 1,000 gas-powered ones. Former Postmaster General Louis DeJoy said in 2022 the agency expected to purchase chiefly zero-emissions delivery vehicles by 2026. It still needs some internal combustion engine vehicles that travel longer distances. Frum, the Postal Service spokesperson, said the planned NGDV purchases were "carefully considered from a business perspective' and are being deployed to routes and facilities where they will save money. The agency has also received more than 8,200 of 9,250 Ford E-Transit electric vehicles it has ordered, she said. Ernst said it's fine for the Postal Service to use EVs already purchased. 'But you know what? We need to be smart about the way we are providing services through the federal government,' she said. 'And that was not a smart move.' Postal vehicles, he said, have low average speeds and a high number of stops and starts that enable regenerative braking. Routes average under 30 miles and are known in advance, making planning easier. 'It's the perfect application for an electric vehicle," he said, 'and it's a particularly inefficient application for an internal combustion engine vehicle.'
Epoch Times
10 minutes ago
- Epoch Times
The Hunter Home From the Hill: Alvin York of Tennessee
In 458 B.C., faced by a military defeat at the hands of an Italian tribe, the Roman senate appointed a retired statesman, Cincinnatus, as dictator of Rome in hope of rescue. Legend has it that Cincinnatus left his plow in the fields of his farm to answer this summons. In less than three weeks, he defeated the enemy, gave up his powers as dictator, and returned to his estate, hailed as a model of Republican virtue. In 1783, George Washington astounded his contemporaries, including Britain's King George III, by resigning his commission and so giving up the immense power he held as general of the victorious army to return to his Virginia farm. For this act, he became known as the American Cincinnatus. In the rotunda of Virginia's state capitol in Richmond, visitors see a plow of marble as a part of Washington's statue, a nod to the ancient Roman.
NBC News
10 minutes ago
- NBC News
Some National Guard troops in Washington set to carry firearms
Some National Guard troops deployed to Washington, D.C., will begin carrying firearms to conduct their mission in the city, two U.S. officials told NBC News. Not all troops will carry weapons, one official said. The arming of the troops marks a change since Guard members were first deployed to the district earlier this week. They were tasked with addressing crime and homelessness in the capital. A spokesperson for the Joint Task Force said in a statement that Guard members 'may be armed consistent with their mission and training.' 'Their presence is focused on supporting civil authorities and ensuring the safety of the community they serve. The DC National Guard remains committed to assisting the District of Columbia and serving its residents and visitors whenever called upon,' the spokesperson, Air National Guard Maj. Melissa Heintz, said. Heintz also said that the defense secretary 'is authorized to mobilize additional National Guard forces, as needed, in coordination with State Governors.' In a statement, a White House official confirmed that National Guard troops had been called to D.C., saying, 'As part of President Trump's ongoing effort to make D.C. safe and beautiful, additional National Guard troops will be called in to Washington DC — the National Guard's role has not changed. The National Guard will protect federal assets, create a safe environment for law enforcement officials to carry out their duties when required, and provide a visible presence to deter crime.' Several Republican governors announced Saturday that they were deploying some of their states' National Guard troops to aid Trump's efforts in the nation's capital. West Virginia Gov. Patrick Morrisey announced Saturday afternoon that he is deploying 300-400 troops to D.C., plus 'mission-essential equipment' and 'specialized training.' 'West Virginia is proud to stand with President Trump in his effort to restore pride and beauty to our nation's capital,' Morrisey said in a statement. 'The men and women of our National Guard represent the best of our state, and this mission reflects our shared commitment to a strong and secure America.' South Carolina Gov. Henry McMaster said in a statement Saturday night that he was authorizing the deployment of 200 of his state's Guardsmen to Washington at the Pentagon's request. McMaster stipulated that the troops were subject to "immediate recall" if a natural disaster such as a hurricane occurred and the state needed them. Hurricane season in the U.S. is in full swing, running from June to November, according to the National Weather Service. The first major hurricane of the year formed this week. As of Saturday night, it sat at a Category 4 storm. The Associated Press has previously reported it is not forecast to hit land. South Carolina is one of the states most vulnerable to hurricanes and tropical storms, according to the state's Emergency Management Division. 'South Carolina is proud to stand with President Trump as he works to restore law and order to our nation's capital and ensure safety for all who live, work, and visit there,' McMaster said. Ohio Gov. Mike DeWine released a statement Saturday night in which he said the secretary of the Army had requested the state send 150 military police from the Ohio National Guard to Washington. "These Ohio National Guard members will carry out presence patrols and serve as added security. None of these military police members are currently serving as law enforcement officers in the state of Ohio," DeWine said, adding that the Guardsmen are expected to arrive to the district in the coming days. The governors' moves come just days after President Donald Trump announced that he was deploying 800 members of the National Guard to D.C. and directing federal law enforcement agents to assist local police with patrolling and executing warrants in the city. 'When you walk down the street, you're going to see police or you're going to see FBI agents,' Trump told reporters on Monday. 'We're going to have a lot of agents on the street. You're going to have a lot of, essentially military. And we will bring in the military if it's needed.' Trump's stated aim of cracking down on crime in Washington comes as crime rates in the city are at their lowest levels in decades. Washington residents almost immediately began to notice an increase in law enforcement on the streets, as local police and federal law enforcement set up checkpoints in neighborhoods across the city. like Union Station and the National Mall. Initially, Attorney General Pam Bondi sought to take over control of the Metropolitan Police Department, but backed down after the city sued the Trump administration. Chief Pamela Smith remains in day-to-day control of the city's police force. Democrats have slammed the president's decision, with House Minority Leader Hakeem Jeffries calling the move earlier this week 'illegitimate' and an 'unjustified power grab.'
