Florida Bar Journal

Trauma-Responsive Court Systems: An Approach for Attorneys ad Litem

Trauma is inherent in the dependency system. Dysfunction, loneliness, and fear in the most critical stages of development underlie every case of abuse, abandonment, and neglect, or unfounded accusations of the same. Every child touched by this system will be affected by trauma. But not every child is entitled to their own attorney. Attorneys ad litem are generally appointed to dependent children who have been identified as having certain statutory special needs. These children with special needs who have already been removed from their homes (adjudicated dependent) are some of the most vulnerable and have, by definition, experienced intense, pervasive, life- and mind-altering trauma far beyond that of the average child and often even beyond that of the average dependent child.

Like all states, “the jurisdiction of [Florida’s] dependency court is [based in] the state exercising its police power to protect its children under the common law doctrine of parens patriae”^[1] and was first codified in F.S. Ch. 39 in 1951.^[2] Chapter 39 was enacted “[t]o provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development; to ensure secure and safe custody; to promote the health and well-being of all children under the [S]tate’s care; and to prevent the occurrence of child abuse, neglect, and abandonment.”^[3] Parens patriae grants the State the legal authority to act on behalf of children whose parents are unable or unwilling to provide adequate protection or meet their needs sufficiently, both by remedying or preventing shortcomings of the child’s parents and by removing the child from his or her home when other remedies have failed.

When children are removed from their homes to the custody of the State, they are considered “dependent” children and require that the State act in loco parentis (in place of a parent) to ensure their safety. About 1 in 100 children have their parents’ rights terminated by the time they turn 18.^[4] By the end of 2022, more than 64,000 children in the U.S. had parents who had lost their parental rights, leaving the children either in foster care or in other out-of-home placements awaiting adoption.^[5] While the number of children in foster care decreased over the last five years, the amount of time children spent in foster care increased; children spent a median of 13.2 months in foster care in 2011 compared to 17.5 months in 2021.^[6] It has also been shown that Black, brown, indigenous, and low-income families are disproportionately affected by a termination of parental rights.^[7]

Defining Trauma and the Psychological Consequences of Surviving Trauma

Though definitions may differ, “trauma” is generally understood as “an emotional response to a terrible event.”^[8] Trauma and adversity experienced during childhood can have profound and lasting negative effects throughout an individual’s life.^[9] Understanding the biological bases of trauma is key to understanding these long-term effects. The hypothalamic-pituitary-adrenocortical (HPA) system is responsible for “maintaining the diurnal rhythmicity of hormone production and mounting responses to stressors.”^[10] Cortisol, a hormone produced by the HPA system, regulates and manages the body’s responses to aversive and stressful situations.^[11] A study examining the effects of adverse experiences in preschool-age foster children found that compared to their peers, foster children displayed dysregulated cortisol levels.^[12] Prolonged dysregulation of the HPA system is associated with a wide range of deleterious effects on physical and cognitive development, in addition to being implicated in the etiology of a variety of psychological disorders.^[13] Children are especially vulnerable to the effects of repeated stress exposure. As soon as children’s stress-response systems become entrenched in dysregulated patterns, the biological consequences extend far beyond their initial impact.^[14]

Children often enter the dependency system as a result of experiencing caregiver-related trauma, such as abuse or neglect.^[15] Common responses to trauma “include a consistent sense of fear, helplessness, sadness, inability to sleep, nightmares, bed wetting, hypervigilance, difficulty concentrating, racing heart, dizziness, and stomach aches.”^[16] In a study examining the prevalence of mental health problems among adolescents in the child welfare system, 42.7% of teens reported suffering from at least one mental health problem.^[17] Specifically, 9% reported depression, 13.9% reported suicidality, 23% reported substance use/abuse, 13.5% reported anxiety, and 18.6% reported ADHD.^[18]

The impact of abuse and neglect is most evident in areas of the brain that rely on environmental input for proper development and in functions that are particularly sensitive to environmental influences.^[19] Brain development heavily depends on certain experiences taking place during specific time frames, particularly in early childhood. These “sensitive” or “critical” periods are key moments in development.^[20] For example, “[a]buse and neglect represent the absence of adequate input (as in the case of neglect) or the presence of threatening input (as in the case of abuse), either of which can compromise development.”^[21] As a result, disruptions during these critical periods can have long-lasting consequences on brain function and on overall developmental outcomes. Additionally, studies have shown that child abuse and neglect have effects on the prefrontal cortex, the structure of the brain that is responsible for executive functioning.^[22] Importantly, executive functioning implicates the monitoring and control of emotions in addition to behavioral regulation.^[23] Therefore, disruptions to this critical brain region can have lasting consequences on a child’s emotional and behavioral development.

After experiencing the series of traumatic events that put children in foster care in the first place, children may face additional trauma due to them being separated from their families and having to endure the system post-separation. The experience of being removed from their homes can itself be a source of trauma for children. For instance, when children are removed from their homes, they are “overwhelmed with feelings of abandonment, rejection, worthlessness, guilt, and helplessness.”^[24] Moreover, studies of children involved with social services show that those children who were removed from their homes, compared to those children who remain in their homes, have higher delinquency rates,^[25] higher teen birth rates,^[26] are more likely to enter the criminal justice system as adults,^[27] and are more likely to have learning disabilities and developmental delays.^[28] These findings underscore the profound and lasting impact that removal from homes can have on children’s emotional, behavioral, and developmental outcomes.

The most well-known form of post-separation care is foster care. Foster care is a temporary, court-monitored service provided by the State to promote the safety, permanency, and well-being of children.^[29] The federal government supports state foster care services through program funding and legislation.^[30] Most children entering foster care have experienced multiple traumatic events.^[31] The loss and separation that accompany foster care placement can further intensify children’s trauma responses.^[32] Research estimates indicate that over 50% of youth in foster care meet the criteria for at least one psychiatric diagnosis.^[33] Additionally, children and adolescents who have endured trauma often experience developmental delays in various areas, such as cognitive, language, motor, and social skills.^[34] Given the prevalence of trauma in the foster care system, it is crucial for attorneys ad litem to adopt a trauma-responsive approach to ensure that the legal representation and advocacy they provide to children in the system address the emotional and psychological needs of the children they serve. Foster caregivers are required to become licensed and receive training so they are well-equipped to provide children in the system with shelter, support, and care.^[35] Nonetheless, even if the children are placed with loving and supportive foster families, they still can face trauma simply as a result of being removed from their homes, which may be all they have ever known.^[36] This trauma is referred to as system-induced trauma, which results from children being separated from their families, friends, and communities.^[37]

For many children, being removed from their homes and placed in the system constitutes a crisis.^[38] Everything in their lives changes. Those children can be overwhelmed with feelings of abandonment, rejection, worthlessness, guilt, and helplessness; all those feelings intertwined amount to an overwhelming sense of loss.^[39] While the children may be more physically secure as a result of being removed from their homes, they are likely to be less emotionally secure.^[40] The children are also likely to be confused regarding the reason they are in foster care, what foster care is, how long they will have to stay in foster care, where they will be living, the people with whom they will be living, and their roles in the family environment going forward.^[41] Separation effects can also manifest in physical forms including the child experiencing developmental regression, difficulty sleeping, depression, and acute stress.^[42]

Parents can also experience trauma because of their children entering the foster care system. More specifically, parents can experience grief, confusion, and trauma when they no longer believe they have a parental role to serve in their children’s lives, and they may also feel an overwhelming sense of loss through not knowing if and when they could get their children back.^[43] Parents who have had their children removed from their homes and placed in foster care have an increased risk of developing anxiety and substance use disorders.^[44] In addition to experiencing trauma as a result of having their children removed, there is a chance the parents are victims of childhood trauma themselves. Studies show that exposure to trauma in early childhood has the potential to derail a parent’s capacity to care for their children.^[45] Cues that children give when they need their caretakers could be misinterpreted by these parents, who have a history of being abused as a child, as threatening and overwhelming, interfering with a parent’s ability to respond appropriately.^[46] A parent’s experience of trauma that is left unresolved can lead to insecure attachment with their own children.^[47]

Given the potentially lifelong impact of trauma, this article specifically addresses attorneys ad litem, but its recommendations are also essential for all attorneys working with families in the court system.

Becoming a Trauma-Responsive Lawyer

• The Role of the Attorney Ad Litem — The attorney ad litem is a dependent child’s court-appointed legal counsel. While Florida law mandates that a guardian ad litem (GAL) is appointed for all children in any abuse, abandonment, or neglect proceeding,^[48] an attorney ad litem is only appointed for a dependent child with special needs and plays a different role than a GAL.^[49] The special needs for which an attorney ad litem shall be appointed are: a child who resides in a skilled nursing facility or for whom placement is sought in a residential treatment center, who declines to take prescribed psychotropic medication, who is diagnosed with a developmental disability, or who is identified as a victim of human trafficking.^[50] To be appointed as an attorney ad litem, an attorney must have training or experience in child advocacy.^[51]

• Stated Interests / Counselor Relationship — An attorney ad litem, unlike a GAL, represents a child’s stated or legal interest — not their best interest — and maintains a traditional attorney-client relationship with the child.^[52] An attorney ad litem makes no best interest determination. The attorney’s role is to listen to the child and advocate for the result the child desires. The child’s attorney should recognize that the child may be more susceptible to intimidation and manipulation than some adult clients. Therefore, the child’s attorney should ensure that the decision the child ultimately makes, and that the attorney advocates for, reflects the child’s position.^[53] In order to get the child to say what he or she wants, it is important for the attorney to build trust with the child. An attorney can accomplish this by meeting with the child on a regular basis. Building trust and rapport may take time, but it is a crucial aspect of the attorney ad litem’s role.

A 2018 study looked at the values that foster youth and alumni look for in attorney-client relationships.^[54] These values include legal skills, foster care knowledge, youth/attorney relationship, attitude about foster care, contact, and communication.^[55] The value found to be most important and most feasible is communication.^[56] The remaining values vary between their importance and feasibility. For example, while study participants believe it is important for attorneys to have knowledge about foster care, it was ranked as the least feasible value; this discrepancy may exist because of the belief that the best way to know about foster care is to experience it firsthand.

An attorney ad litem owes the same duties of undivided loyalty, confidentiality, and zealous representation to a child client as is due to an adult client.^[57] Once an attorney assumes the role of a child’s attorney, the attorney cannot take on any other role for the child.^[58] This limitation on the attorney’s role is because a child’s stated interest is not always the same as the child’s best interest.

• Dealing with Trauma — Because attorneys ad litem are appointed for dependent children with special needs, their clients will have experienced trauma without exception. The trauma may be the common traumas encountered in the system like that resulting from abuse or neglect, shelter or removal, various placements, presence in court, reunification, or a juvenile delinquency case, but it also may include more complex trauma related to sexual abuse or trafficking, maltreatment or victimization due to disability, living in non-familial or clinical settings, lack of bodily autonomy, side effects of psychotropic medication or of not taking such, and beyond. These traumas may manifest or be coped with in a wide variety of ways.

Attorneys ad litem should be cognizant of the traumas faced by children in the dependency system and how those children manifest and cope with their experiences. Child clients value communication and feeling heard. Attorneys should make sure to listen to their clients and understand that the children’s wishes may be influenced by the trauma they experienced. Attorneys ad litem should also expect that they may be impacted by the trauma their child clients have faced.

The Florida Department of Children and Families offers resources on trauma-informed care. This includes information on the impact of trauma, tips and treatment, and trauma and the child welfare system.^[59] A trauma-informed care system is one in which all parties involved recognize and respond to the impact of traumatic stress on those who have contact with the system including children, caregivers, and service providers.^[60] This involves learning about trauma exposure and symptoms, evaluating effective treatment options, and finding resources to help improve trauma-related effects.^[61] A new movement is encouraging the use of trauma-responsive care. Trauma-responsive care is more proactive compared to trauma-informed care. Massachusetts uses a trauma-responsive approach. Their framework places value on safety, transparency and trust, child empowerment, cultural affirmation, and healthy relationships.^[62] Attorneys ad litem can use these approaches when interacting with child clients who have experienced trauma.

The Lawyer’s Duties

The American Bar Association’s (ABA) Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency Proceedings (Model Act) recommends that “[a] child’s lawyer shall participate in any proceeding concerning the child with the same rights and obligations as any other lawyer for a party to the proceeding.”^[63] The rights and obligations of all lawyers are also promulgated by the ABA in the Model Rules of Professional Conduct (Model Rules). The Model Rules lay out that lawyers are duty-bound to engage with diligence and competence at the client’s direction, maintain confidentiality, and provide active communication and independent advice, among other duties.^[64] All jurisdictions have adopted the Model Rules or substantially similar rules as law.^[65]

• Diligence and Competence —Lawyers are expected to have and apply basic legal skills and concepts, but are not required to be experts on every case. Rules 1.3 and 1.1, respectively, state that lawyers must have “the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation” and be “reasonably diligent and prompt” in such representation.^[66]

Being reasonably prompt, diligent, and prepared can be enormously influential toward a child’s opinion of, relationship with, and reliance on an attorney. With very little knowledge of the legal system to work with, a child’s perceptions of an attorney’s promptness, diligence, and preparedness at every hearing, visit, and phone call or other communication will inform his or her belief in and reliance on the attorney. The child also is usually in some kind of crisis or dealing with great instability and can be greatly comforted by knowing exactly what to expect and having those expectations met by his or her attorney. Furthermore, these are just good habits and, just like many other adults in a child’s life, the child will look to the attorney to be a positive role model of these skills.

While attorneys ad litem are required to have training or experience in child advocacy, it is not expected that they will have subject-matter expertise in every area that may impact a child client. As a children’s attorney, time is of the essence; prolonged periods of time taken to become proficient in a particular subject could be especially detrimental to the child’s perception of the attorney. In comment 3 to Rule 1.3, it is noted that “unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer’s trustworthiness.”^[67] This is especially true for a children’s attorney, whose clients’ perception of the passage of time is impacted by both their biological age and past trauma.^[68]

In the Model Act, it is noted that a child’s lawyer should pursue all legal issues on behalf of the child, including those that do not arise from their appointment or that are outside the jurisdiction of the court. The Model Act lists a few possible “ancillary matters” including tort actions, special education, immigration, medical care coverage, and SSI eligibility, and states that the “lawyer should make every effort to ensure that the child is represented by legal counsel in all ancillary legal proceedings, either personally, when the lawyer is competent to do so, or through referral or collaboration” and that “[h]aving one lawyer represent the child across multiple proceedings is valuable because the lawyer is better able to understand and fully appreciate the various issues as they arise and how those issues may affect other proceedings.”

• Confidentiality — Rule 1.6 outlines a lawyer’s duty of confidentiality. Lawyers are generally bound to keep information “relating to the [client’s] representation” in confidence. There are few exceptions to the rule, notably the informed consent of the client.^[69] Gaining informed consent from children, especially those with trauma, is different than doing so for adults. Just like individuals’ sense of time may be distorted by age and experience, so can their ability to process information,^[70] express themselves,^[71] trust authority figures,^[72] and make decisions,^[73] all of which are necessary building blocks of informed consent.

The general definition of “informed consent” given by the ABA is, “the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct.”^[74]

Knowing your client and the case is crucial in gaining and utilizing informed consent for an attorney. Some children may be over-zealous in agreeing to or suggesting that the lawyer break confidentiality and the lawyer will have to act in a protective capacity to gatekeep information on their behalf. Others may be overly hesitant to waive any confidentiality, and a third group may waffle between the two — one day sure of their decision and the next day trying desperately to claw it back. In all these scenarios, the overarching rule of maintaining normalcy applies, but the pursuit of their stated outcomes through zealous advocacy, along with determinations of the competency and maturity of, as well as the relationship with, the client must prevail.

• Communication and Independent Advice — Rule 1.4 governs the dialogue between attorneys and their clients. The rule mandates that the attorney promptly inform the client of any decisions that require the client’s consent to proceed, keep up to date on the status of the matter generally, consult with the client about the tactics being used, comply with requests for information, and consult with the client about the relevant authority if the lawyer is expected to perform a prohibited or illegal task. Perhaps most importantly, Rule 1.4(b) states that “[a] lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” As discussed above, a child may require more or repeated information.

Rule 2.1 defines the role of the lawyer as an advisor to the client. It requires lawyers to “exercise independent professional judgment and render candid advice.. . not only [in regard to the] law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.”^[75] The Model Act specifies that “[w]ithout unduly influencing the child, the lawyer should advise the child by providing options and information to assist the child in making decisions.. . explain the practical effects of taking various positions, the likelihood that a court will accept particular arguments, and the impact of such decisions on the child, other family members, and future legal proceedings.”^[76]

The most important communication with a child is often the first communication because it sets the tone and expectations for the future. The first meeting is when the attorney has the chance to advise the child as to the attorney’s role and explain the legal process in a developmentally appropriate manner, as well as to develop a positive relationship with the client. This is also generally when the lawyer asks for and may start to get some information from the client, whether it be about the client or the case, and can begin to formulate their advocacy and plans with the information that the attorney receives. Subsequent meetings, calls, and messages are also key because that is where the attorney generally gets to put on their “advisor” hat — its where the relationship and trust between the client and attorney grow, and a place for the child to feel heard and ask questions, to amend or affirm their previously stated aims and outcomes, give feedback on the proceedings, and another time where the lawyer can utilize their diligence and preparedness to further the attorney’s relationship with the client.

It is a careful balance to maintain. In some cases, giving too much information can be a negative. Even when presented in a developmentally appropriate manner, the sheer abundance of possibilities can be too much. It can be confusing and overwhelming, and those feelings of inadequacy may have secondary spillover effects on the client’s perception of their confidence and intellect. Furthermore, some of the information that the Model Act instructs attorneys to provide — notably the effect on family members and the likelihood of the court accepting an argument — could be highly prejudicial to some children due to their impressionability, fawn response to trauma,^[77] or other factors of which attorneys should be aware.

The Model Rules and the Model Act give us great guidance on how to approach issues that arise being an attorney and a child’s attorney, respectively, but they cannot and should not preempt and address all possible ethical conflicts of working in the attorney ad litem role specifically. The below section seeks to bridge some of those gaps with best practices and practical advice.

Best Practices for an Attorney ad Litem

Fostering a trauma-responsive practice begins with mindful steps. While literature surrounding the issue has historically centered on being “trauma-informed,” there has been a recent push to adopt a “trauma-responsive” approach, urging the attorney to not only be informed that the client has suffered trauma, but to also take appropriate action steps that respond to a traumatized child’s needs proactively. The purpose of creating a trauma-responsive practice is to promote the resilience of the client without forcing the child to re-hash past matters.^[78]

• Client-Centered Approach — To aid clients in regulating trauma throughout the court proceedings and to ensure that the client feels adequately represented, an attorney ad litem must utilize a client-centered model.^[79] These measures are aimed at lowering anxiety levels the child may be experiencing in an unfamiliar environment, to allow the child to focus on providing accurate, clear information and participate in the proceedings. Small but mindful measures offer profound support for clients and alleviate the burden or perception of coping with trauma alone.^[80]

To increase the child’s engagement and transparency in conversations, an attorney can take the following steps to ensure that the child is being fairly and adequately represented: 1) Communicate regularly with the child and provide reliable information about the attorney’s schedule, availability, and contact information;^[81] 2) emphasize the child’s decision-making ability in client-driven representation, being cognizant of the fact that excessive compliance with adults or severe reactions may be responses to previous trauma in an effort to gain recognition;^[82] 3) meet with the child outside of court, in a quiet space with minimal distractions and removed from parties that the child perceives as threatening;^[83] 4) regularly ask the child about his or her strengths, needs, and wishes, and how the attorney can help, whether this is advocating for a service at school or revising the attorney-client arrangement to meet at a different time;^[84] 5) attend, participate, and advocate at in case planning with the child welfare agency, as the attorney ad litem provides the perspective of the child’s stated interest;^[85] 6) work individually with the child to develop case plan options to present to the court;^[86] and 7) consider therapy animals to increase participation, which provide comfort and reduce cortisol.

• Protecting Confidentiality While Advocating for the Child’s Needs —Being trauma-responsive recognizes that certain behaviors are an expression of trauma.^[87] Creating a trauma-sensitive environment, in turn, promotes healing over punishment.^[88] With a collaborative goal in the child welfare system, attorneys are encouraged to communicate with the child’s collateral contacts, including treatment providers, teachers, and social workers.^[89] Communicating with teachers can be especially important in advocating for an educational plan which suits the needs of the client.^[90] However, an attorney ad litem is still bound by the rules of confidentiality in representing the client.^[91] It is imperative to remember the bounds of information sharing through this lens.^[92]

For example, a client whose underlying trauma is activated during a court proceeding may withdraw when being asked questions, react with anger, or elope from the courtroom.^[93] While this may be seen as uncooperative in the eyes of the court, the attorney ad litem likely knows that these behaviors are trauma responses. In this position, the attorney ad litem can act as an advocate by explaining that the “behavior is a reflection of underlying trauma.”^[94] However, as to further disclosure, the attorney must be cognizant of the attorney-client privilege and refrain from sharing details.^[95]

Moreover, sharing information about the child’s past trauma can also have negative outcomes for the child, contrary to the intention of the attorney in sharing.^[96] When advocating for resources and accommodations at the child’s school, such as modification of class schedule, content warnings, or permission to leave class early, limit information sharing to what is strictly necessary and only to the parties trained in protecting the confidentiality of the child.^[97] Information shared with schools should be limited to required disclosures. Sensitive details usually are not necessary to provide accommodations for a child.^[98]
• Preparing the Child for Court-Related Proceedings and Court Hearings — Court proceedings and staffings can potentially intimidate the child, who may lack the necessary context to understand the conversations or the direction of his or her case. Moreover, certain proceedings may activate a child’s trauma, rendering it difficult for the child to be fully present or aware during the proceedings. To assuage the child’s concerns, simple steps can be taken, such as the following: 1) Refrain from labeling parties as “defendant,” “foster parent,” “case manager,” “victim,” etc., and opt for legal names instead; 2) refrain from using abbreviations like SIPP, GAL, etc., and opt for full titles instead to avoid confusion for the child; 3) prepare the child for court in a developmentally appropriate way, explaining the court process, the attorney’s plan for advocacy, and the potential questions from the judge;^[99] and 4) explain to the child what happened and key takeaways after the court proceeding is over, to avoid the child misunderstanding or forgetting the information.

• Addressing Compassion Fatigue and Secondary Traumatic Stress — In developing this trauma-responsive practice for clients, it is of utmost importance that attorneys ad litem are also considering their own needs as representatives. Common responses to a practice in child welfare law include compassion fatigue or Secondary Traumatic Stress (STS).^[100] To address these common responses in the role of attorney ad litem, it is imperative that attorneys experiencing these responses take steps to fortify their health. Not only do these measures offer support to the attorney, but ultimately, these measures bolster the attorney’s ability to support and guide clients. At worst, STS can interfere with the attorney’s ability to provide effective legal representation.^[101]

Repeated exposure to children’s trauma and suffering can sometimes spur STS or compassion fatigue.^[102] Symptoms include disturbed sleep, withdrawal, and intrusive thoughts.^[103] Other symptoms include hopelessness, inability to concentrate, anger, or cynicism.^[104] The following steps may aid an attorney experiencing these symptoms to restore their wellbeing: 1) Establish a peer support group within the office (note: before sharing sensitive information with others, be respectful of others’ boundaries; and provide the listener with a warning and use discretion in choosing to divulge particularly disturbing details);^[105] 2) set work-life boundaries, including balanced caseloads;^[106] 3) maintain physical health, incorporating exercise and nutrition;^[107] 4) spend time with family and friends outside the professional setting;^[108] and 5) most importantly, consult a licensed mental health counselor.^[109]

Conclusion

Children that have been appointed attorneys ad litem in Florida are often the most vulnerable and underserved, in the most desperate circumstances, or with the highest need. This article intends to help practitioners develop trauma-responsive skills to strengthen attorney-client relationships, encourage transparency in communications, create opportunities to advocate for appropriate services, and increase recognition and mitigation of STS. More research must be done to truly create a more trauma-responsive court system.

Attorneys ad litem should be cognizant of the heightened needs of children in the system. Children entering foster care often endure significant trauma, beginning with abuse, abandonment, or neglect, which may be further compounded by the loss and separation associated with foster placement. This trauma threatens cognitive development, leaving a lasting impact on children that may manifest in various types of behaviors.

Taking measurable steps to address the needs of children in the system ensures that the children receive high-quality legal representation and advocacy. It is the role of the attorney ad litem to ascertain the children’s stated interests, which is made possible by building trust and opening a line of communication with each child. The trauma-responsive approach fosters this transparency to better equip attorneys ad litem to advocate for appropriate services for each child, all while meeting the duties of diligence, competence, and communication.

This column is submitted on behalf of the Family Law Section, Christopher W. Rumbold, chair, and Zoe Chaitoff and Anya Cintron-Stern, editors.