Family law attorney Taylor Kilgore has been closely monitoring the increasing number of child protection cases in Maine that require legal representation. Under Maine law, parents whose children are removed from their custody due to abuse or neglect concerns must be provided with an attorney. However, the number of parents without legal counsel has surged dramatically.
The judicial branch’s records indicate that from January to December 2024, the demand for attorneys in child protection cases skyrocketed by 700 percent, with unstaffed cases rising from 14 to 112. This information is communicated to the Maine Commission on Public Defense Services (MCPDS), which is responsible for assigning attorneys to parents who cannot afford legal help. The list they maintain not only assists in finding attorneys but also helps gauge the extent of the issue.
In late October, Kilgore proposed a solution to address the backlog of cases. She sought permission from the state to access confidential case records, providing a clearer understanding for other attorneys about the cases in need of representation. Typically, such records are confidential to protect the identities of children and families involved. After obtaining approval from MCPDS, Kilgore reviewed unstaffed cases in Lewiston’s courthouse, but her findings raised concerns about the accuracy of the existing case list.
Kilgore expressed doubt about the list’s reliability, stating, “I don’t think the list is actually accurate.” The child removal system in Maine involves various government entities, such as the Department of Health and Human Services, which investigates child abuse; the Attorney General’s office, which represents the department; and the judicial branch, overseeing court proceedings. These organizations are handling a growing number of cases that remain largely unseen by the public.
Each year, around 1,000 children are taken into state custody, a system that federal auditors found often fails to adhere to its regulations. The lack of available legal representation for parents is resulting in extensive delays in reunification processes, negatively impacting children, parents, and increasing overall workloads. This issue was highlighted in a recent report from Maine’s child welfare ombudsman, Christine Alberi, detailing the adverse effects of attorney shortages on family reunification efforts.
Kilgore’s observations during her case reviews further illuminated the discrepancies in the system. While collaborating with an associate who documented cases lacking counsel during docket calls, she identified instances of unrepresented cases missing from the official list. This raised alarms about how the case list is maintained and its fidelity in representing the existing needs accurately.
According to MCPDS Executive Director Jim Billings, Kilgore’s experience reflects similar reports from criminal defense attorneys highlighting the flaws in the list’s accuracy for criminal cases too. While some cases on the list should no longer be there because they have been assigned attorneys, others remain unreported. Billings acknowledged, “The list is not perfect,” but emphasized that it’s the best tool available for managing the caseload effectively.
Kilgore’s initiative is part of a broader effort by MCPDS to ensure that impoverished Mainers receive their legally guaranteed representation. The number of criminal cases without counsel continues to rise, and as part of addressing this challenge, MCPDS is working to establish new public defender offices across Maine. They have appointed Molly Owens as the chief of the new parents’ counsel division, charged with building a team of public defenders focused on representing indigent parents in child protection matters.
Owens expressed her appreciation for Kilgore’s proactive approach in Lewiston and indicated a desire for similar initiatives to take place elsewhere. She affirmed Kilgore’s findings and acknowledged that understanding the extent of unaddressed cases requires thorough investigation.
The detailed examination brought forth by Kilgore becomes even more critical as parents strive to keep their children amid an investigative system that federal audits found flawed. A skilled attorney can navigate these complications and advocate for parents effectively in court. However, the shortage of attorneys diminishes the chances of achieving robust legal representation, leading to more family separations and increased costs for the state.
Given the confidential nature of these cases, it’s challenging to ascertain how frequently judges rule against the state’s Department of Health and Human Services. Follow-up inquiries made to the judicial branch for clarity on this matter yielded no response. Requests for data from DHHS and the Attorney General’s office regarding court outcomes have also been unmet.
A recent ruling by the Maine Supreme Court illustrated how repeated failings by the state can have little effect on case verdicts. In one instance, parental rights were terminated despite the department’s failure to comply with court-ordered plans for reunification. Maine’s child removal rates are notably high compared to other states; only Maine and Nebraska reported increasing numbers of children placed into state custody from 2018 to 2022.
This rise in removals amplifies the need for legal counsel even as the roster of attorneys has diminished significantly, from 230 attorneys in 2018 to just 110 in 2024. The December 30 report revealed 112 unassigned cases, each requiring legal representation for the parents involved. Alarmingly, parents were found to be left without counsel for extended periods—a parent could be waiting for over three months for representation.
Kilgore’s recent efforts have been somewhat fruitful; she was able to provide representation for 21 out of 43 parents reviewed at the Lewiston courthouse. One case involved a parent who had been waiting for an attorney since February, which Kilgore deemed alarming. She successfully connected that parent with legal help, affirming her project’s potential effectiveness.
Angie Owens emphasized that while such initiatives are vital, the issues extend beyond simply addressing attorney shortages. Accountability within DHHS and the judicial system is essential to ensure the safety of children and the preservation of family units, recognizing that a collaborative effort is necessary for change. “A lot of departments and agencies got us here,” she mentioned as she called for systemic improvements to support families in crisis.
