For client information, please visit Community Legal Services’ Free Legal Assistance page.
Volunteer Application
Program Overview
The Kinship Care Solutions Project provides direct representation to relatives and other caregivers in Nonparental Custody (also known as third party custody) cases through referrals to a pro bono panel of trained attorneys. The client need not be related to the child, but must have a significant relationship with the child. The Project screens and assesses cases prior to referral to volunteer attorneys.
Clients are frequently relatives of a child whose parents are not able to care for them. This is called kinship care. Abuse, neglect, substance abuse, mental illness, and incarceration are common problems affecting a parent’s ability to care for a child. In King County alone, there are approximately 18,000 kinship caregivers. Many kinship families encounter legal hurdles that impair their ability to safeguard the safety, health and welfare of the children in their care.
Case Factors: The following are some of the factors used in consideration of referrals. No single factor is decisive:
- The length of time (if any) that the child has resided with the potential client.
- The potential client is a safe and stable placement for the child.
- The child would be at risk if returned to his/her parents (often due to physical, emotional or sexual abuse, severe neglect, substance abuse, or untreated mental health illness).
- The case is appropriate for non-family law attorneys trained only in Nonparental Custody cases.
- The potential client would have trouble bringing the Nonparental Custody case pro se.
Volunteer Positions, Expectations, and Commitment
Volunteer attorneys provide direct representation to a client in a Nonparental Custody action. Prior experience in family law is helpful but not required.
In exchange for the training and mentoring as described below, volunteers agree to accept one case for representation. Because each case is unique, it is difficult to estimate how many hours a volunteer might spend on a case. Currently, in King County, trials in Nonparental Custody cases are set 10 months from the filing date. Most cases are resolved prior to trial.
It is recommended that volunteers seriously consider whether they will have the ability and time to make the commitment necessary to represent a client. It can be very difficult for a client if a volunteer has to withdraw from representation. There is no guarantee that the Project will be able to find a replacement volunteer. In the event that a volunteer’s employment changes, it is encouraged that the volunteer inform their potential or new employer about their pro bono commitment and seek permission to continue their work on the case given the valuable legal experience that will be gained.
Training and Support
The Kinship Care Solutions Project provides a comprehensive training on Nonparental Custody actions. The training is taught in a small group setting to facilitate discussion and mentoring and is held several times throughout the year. The Project provides a comprehensive manual that details procedural and substantive areas. In addition to the Project’s staff attorney, mentors are available for advice and consultation through every stage of the case.
For volunteers who do not have their own office, meeting space and computers can be scheduled at the KCBA offices. Volunteers may also arrange to receive their case-related mail at KCBA with prior notice to the Project’s staff attorney.
The Project, via the KCBA, provides primary malpractice coverage of the volunteer attorney for their assigned case if the volunteer has no other coverage. The coverage is secondary for attorneys who have primary malpractice insurance through their firm or employer.
To view up-coming training opportunities with this and other programs, visit the Free Trainings for Volunteers page.
Benefits of Volunteering
Through the course of representation, volunteers may have the opportunity to not only implement their interviewing, legal drafting and negotiating skills but also their oral advocacy skills in hearings and trial. Many volunteers are new attorneys who are seeking legal experience in family law. Other volunteers may be experienced family law attorneys but are seeking to expand their practice to nonparental custody cases.
Additionally, volunteers are eligible to attend many free CLE trainings sponsored by the KCBA Community Legal Services as well as earning up to four additional CLE credits per year through their pro bono case after attending a training in the same calendar year. In addition to the malpractice insurance maintained by a volunteer and/or their firm (which serves as the volunteer's primary insurance), KCBA provides volunteers with secondary malpractice insurance for all cases referred through the program.
Finally, volunteers feel satisfaction knowing that they are helping families provide safe, stable homes for children who would be at-risk in the care of their parents. Often, this legal intervention may prevent the need for children to enter the foster care system.
Ready to volunteer?
If you are interested in becoming a volunteer attorney, please complete the application available above and send it to judyl@kcba.org. You will be notified of the next training session. You may also call Judy Lin, Staff Attorney at (206) 267-7023 for additional information.
To view up-coming training opportunities with this and other programs, visit the Free Trainings for Volunteers page.
The mission of the Kinship Care Solutions Project is to promote safety and stability of children who are living with relative and other nonparent caregivers through representation in Nonparental Custody cases by volunteer attorneys.
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