Legal Representation for Injured Children in Substitute Care

(1) Neither Department social work nor legal staff shall represent any child, injured because of someone's negligence or intentional actions, in personal injury cases; shall not negotiate settlement of any personal injury claim with an insurer; shall not commence suit on behalf of such child; and shall not refer such child's case to any private attorney. (2) The Department's legal staff will make reasonable efforts to insure that children who are in substitute care receive legal assistance when they have been injured because of someone's negligence or intentional actions. Department social work staff shall report cases of serious injury of children in substitute care to the Department's General Counsel. (3) The Department’s legal staff shall check with the child(ren)’s parents, if appropriate, to determine whether the parent(s) will bring suit on behalf of the child(ren). If the parent(s) will not or do not, the Department’s legal staff shall, if appropriate, seek the appointment of a Guardian Ad Litem to investigate the matter and thereafter determine whether to retain an attorney to represent the injured child on a contingent fee basis.