Associated Press

A failing grade from a Washington group assessing legal representation for abused and neglected children is unfair, a state official says.

"Every child who is abused or neglected in North Dakota, by state law, has a representative called a guardian ad litem. Our guardians are trained," said Tara Muhlhauser, the deputy director of the children and family services division in the North Dakota Human Services Department.

A report released Tuesday by the Washington-based child advocacy group First Star was critical of states that do not require lawyers for abused and neglected children. North Dakota was among 15 states that got failing grades.

"If you or I have a traffic accident, we can hire an attorney to represent our interests," said First Star's chief executive, Deborah Sams. "If a child has been the victim of abuse and neglect, they deserve the same right."

Muhlhauser said the non-lawyer guardians in North Dakota, some of whom are foster parents, have more time to get to know the children.

"They're very experienced, and they actually have greater capacity to spend time with children in the state than lawyers would," she said. "Lots of times we find out it isn't so much the legal issues in the case, it's what's in the child's best interest, such as the ability to maintain connections with siblings or consideration of relatives as resources for them."

The state has about 50 guardians for abused or neglected children in the juvenile court system, she said. A federal review praised the state's model and surveys of judges, social workers and parents about eight years ago, supported it, she said.

The First Star gave only five states an A grade.

Whytni Frederick, a First Star lawyer who was principal investigator for the report, said the grades were based on analyzing state laws, not on day-to-day practices by state courts and agencies.