How Chronic Underfunding Harms New York’s Children
A Legal System Strained by Shortages
Family Courts in New York City have been plagued by resource scarcity and funding shortages for decades. Meanwhile, children involved in Family Court proceedings are drastically under-represented. Without dedicated legal representation, their rights and needs are often neglected by court professionals—including judges and caregivers alike.
Although the number of judges has increased in recent years, the number of Attorneys for the Child (AFCs) has decreased due to lack of funding.
In 2023, The Children’s Law Center joined ten other AFC offices to publish a statewide white paper outlining the urgent need for increased resources and support.
“The intersection of racial disparities and underfunded legal representation creates a perfect storm of compounded injustices for children and families of color. The continuation of decades of underfunding threatens to lead to insufficient legal representation, which in turn can result in unfavorable outcomes, such as unjust removals, inappropriate placements, and harsher sentences.”
From the statewide white paper on AFC underfunding
A Struggle Between Quality and Quantity
The shortage of funding for AFCs limits both the services and salaries that The Children’s Law Center is able to offer. Large caseloads prevent CLC attorneys from representing our clients in related, but critical, proceedings, including protecting children’s educational and benefits rights. Currently, more than half of our attorneys have caseload sizes that are over 150 clients, which is NY’s statutory guideline for AFCs. In contrast, the National Association for Children’s Counsel (NACC) recommends caseloads of 40-60 at any given time.
Moreover, salaries for attorneys at The Children’s Law Center can be as much as 13% lower than similar positions at the Administration for Children’s Services, a government-run agency. In fact, a report by The New York Legal Services Coalition found that “entry level pay for attorneys in civil legal services is 30% to 45% lower than their government counterparts doing substantially similar work.”
Our clients stand at the center of legal decisions that determine the course of their entire lives. Many have been caught between state systems and caregivers unable to resolve critical issues related to their care, their safety, their stability. Their voices are too often ignored.
Without adequately resourced attorneys for the child, the quality and scope of our services suffer.
A “Second-Class System” for New York’s Most Vulnerable Families
In a 2020 report by the Franklin H. Williams Judicial Commission, New York’s Family Court system was described as “dehumanizing” and plagued by inequity. The report exposed the persistent underfunding and systemic neglect of a court that primarily serves low-income families and people of color—calling it a “second-class system of justice.”
After extensive investigation, in October 2020 the Special Adviser issued a comprehensive report of findings and proposals for reform… The Special Adviser noted there is a “second-class system of justice for people of color in New York State.” The Family Court, which overwhelmingly serves indigent litigants and people of color, was perceived as a “second-class court,” with the Special Adviser describing the state of Family Court as “dehumanizing” and involving a “demeaning cattle-call culture.” The Special Adviser underscored the effects of an “under-resourced, overburdened” court system and its disparate impact on indigent litigants and people of color.
What Comes Next?
These disparities hurt children. Excessive caseloads make it impossible for AFCs to represent clients in related but vital proceedings—such as those involving education rights or access to public benefits.
Children’s perspectives and needs will continue to go unacknowledged. Family Court inequities, which reflect and are reinforced by systemic racism, will persist.
The Children’s Law Center continues to advocate for pay parity for AFCs, state investment in legal services for children, smaller, manageable caseloads, and structural reforms protecting the youth involved in Family Court.
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Sources
New York State AFC Offices, “Legal Representation of Children in New York State: The Crisis of Chronic Underfunding and High Workloads for Attorneys For the Child in Family Court”
National Association of Counsel for Children, NACC Child Representation Standards
New York State Legal Services Coalition, Pay Parity White Paper (2024)