Michigan would organize legal help for parents and children in welfare cases

The bill would place a parent and child legal representation commission in the Department of Licensing and Regulatory Affairs. The commission would include representatives from state government, courts, attorneys, counties, a federally recognized tribe, and the public. The governor would appoint the members from lists or recommendations named in the bill. Members generally would not receive pay, but they could receive reimbursement for actual and necessary expenses. The commission would follow open-meeting and public-record rules. The governor would appoint the first members within 90 days after the act takes effect; the act would take effect 90 days after enactment.

The commission would set standards for appointed attorneys and create systems for finding counsel, deciding who qualifies for free representation, and paying attorneys. The standards would apply to attorneys representing parents and children who cannot afford qualified counsel in child welfare cases and appeals. Standards would address attorney caseloads, training, client contact, legal and support services, and access to experts. A person would qualify as indigent when paying for qualified representation would cause substantial financial hardship; the bill lists a rebuttable presumption for several groups, including people under 18 and people below 140% of the federal poverty guideline. Local funding units would continue their average three-year contribution, adjusted yearly for inflation, but would not pay more than that amount. The standards would require public comment and a hearing, and would take effect only when the commission determines that enough money has been appropriated. The commission would review the standards periodically; proposed revisions would use the same public-comment process and funding condition.

A state office would manage appointments, attorney payments, expert help, support services, attorney reviews, complaints, and statewide reporting. The office would serve indigent parents and children in child protective proceedings at trial and on appeal, and would oversee attorneys on its approved roster. The office would carry out appointment, payment, expert-help, and support-service systems only after the commission establishes them. The executive director would have to be an attorney, and other staffing would depend on yearly appropriations. The office could receive grants from government and private sources. The office's oversight duties would begin after the commission establishes the related systems and standards.