Editorial: Children also need an advocate

When the 1999 Legislature begins next week, a number of groups will struggle to get the attention of state legislators in the hope they will get funding for projects they believe are vital. Considering the tight budget forecast for the next two years, though, it is all but certain that many deserving proposals will go underfunded -- if not unfunded.

But the Legislature and Gov. Kenny Guinn should give serious consideration to a plan endorsed by local judges, state legislators and Clark County officials that would make sure children get an attorney or an advocate if they are involved in a court proceeding involving domestic violence, abuse or neglect, as required by federal law.

Clark County does offer court-appointed special advocates, volunteers who are supposed to be the voice of a child's welfare in court. But as Family Court Judge Gerald Hardcastle acknowledges, only up to 25 percent of children get the assistance of these advocates. This has got to change.

As the Sun's Adrienne Packer reported Monday, without representation the 1,400 children in Clark County in foster care can end up waiting years for a court date. It is only after a court appearance that a child can either be placed back with his family or with an adoptive family. And while social workers monitor the foster care a child receives, they are already overburdened and can't always intervene with court action in the way an attorney can.

It is believed that $360,000 will be needed to run the program. Some Clark County officials want the county to pay $113,000, the federal government to kick in $50,000 and the state to contribute $200,000.

While some may not believe a child is mature enough to make a decision as to which parent he would like to be placed with, as it stands now too often the child has no say at all. Besides, even if the child has representation, ultimately it is the judge who makes the decision based on all the facts presented.

Even if some officials can't find it in their hearts to do the right thing and give children the voice they need, they should at least listen to Clark County Commissioner Myrna Williams, who warns about the possibility of the government being held financially liable if a child without representation is harmed because he is placed in a dangerous setting. The Legislature has some difficult funding decisions to make, but this is an issue where it shouldn't pass the buck, leaving it up to the county to fund the program.

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