This article sheds light on a growing crisis in Maine’s child protection system, where an increasing number of parents are not receiving legal representation, despite being entitled to it under state law. Over the past year, the number of child protection cases requiring attorneys has risen significantly, with a 700% increase in cases on the list of unstaffed cases.
Taylor Kilgore, a family law attorney, initiated a project to help address the shortage by reviewing confidential child protection cases in Lewiston and connecting them with available attorneys. However, her findings raise concerns about the accuracy of the system tracking these cases, revealing that some cases on the list were already staffed, while others that lacked representation were not included.
Maine’s child protection system, which oversees the removal of around 1,000 children a year, is also under scrutiny due to its failure to meet its own rules for child welfare investigations, as noted in a recent federal audit.
The shortage of attorneys is causing significant delays in reunification cases, which harms both parents and children and places additional strain on state resources.
In response to the growing need for legal representation, the Maine Commission on Public Defense Services (MCPDS) is working to build a team of public defenders to handle child protection cases, with plans to expand the division in the coming years. However, there are still questions about the broader system’s ability to support families, as Kilgore’s efforts demonstrate how difficult it is to accurately track cases and ensure families have access to justice.
While Kilgore’s initiative has had some success in getting cases staffed, the issue remains larger than just finding attorneys.
According to Molly Owens, the newly appointed chief of the parents’ counsel division, there are multiple departments and agencies involved in this complex issue. She emphasizes that collaboration is needed to ensure families can be kept together safely, while also holding government entities accountable for their actions in child welfare cases.