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As a foster youth, you have the right to contact your caseworker, Court Appointed Special Advocate (usually called CASA), guardian ad litem, juvenile probation officer, or attorney ad litem (the attorney that represents you in your CPS case), even if you are in a residential treatment center (RTC). You have the right to meet with your caseworker in person on a regular basis and you have the right to report any problems to your caseworker. If you are in a Texas Juvenile Justice Department (TJJD) facility, county juvenile facility, or an adult jail or prison as a foster youth, your caseworker and attorney must check in with you and the court should continue to hold regular hearings and get reports about you.
You are supposed to be appointed an attorney ad litem (attorney) from the moment a court case is filed by DFPS. This is YOUR attorney – they are appointed to advocate for what you want and to take the necessary steps to try to get what you want while you are in foster care. Your attorney is supposed to meet with you before every court hearing, review your records, and participate in all the court hearings. They should treat you the same way they treat any adult client. You are protected by the same rules of confidentiality that protect all clients of attorneys—what you say to your attorney remains private between you and your attorney unless you give permission to your lawyer to tell someone else. For example, that means that if you tell your attorney that you do not feel safe remaining in your home with your parents, your parents can’t ask your attorney what you said. Your attorney will use the information you give to tell the court what you want. If your attorney believes, based on information you give, that you or someone else will be seriously harmed or a child has been abused or neglected, the lawyer must report this, just like your caseworkers, teachers, and other adults are required to do.
You are also supposed to be appointed a guardian ad litem (GAL) if you enter foster care. Frequently your court appointed special advocate (CASA) is also appointed as your GAL. However, sometimes your GAL is an attorney and sometimes they are also the attorney ad litem representing you. A GAL is supposed to decide what is in your best interest, while your attorney is supposed to advocate for what you want and not what they think is best for you. If you entered foster care after September 1, 2021, you should have an attorney or GAL appointed to your case for as long as you are in foster care. If you entered foster care before September 1, 2021, the judge can dismiss your attorney and GAL if CPS is named your permanent managing conservator (PMC). Some judges will keep your attorney or GAL on your case as long as you are in foster care and extended foster care, even if the law doesn’t require them to. It is important to let your attorney and GAL know what you want and need so they can help you let the judge know.