In the Child’s Best Interest: Family Law Minors’ Counsel Program

Here in the San Francisco Bay Area, protecting the most vulnerable among us is more than a toothless slogan or fleeting campaign promise. This past year, we have seen individuals step up to the crisis in our Immigration Courts (see “Heart of Gold, Spine of Steel,” Summer 2025) and join forces with others to pool their skills, experiences, and resources to create and sustain critical programs.

While those stories garnered time in the media’s spotlight, other programs have done important work quietly and mostly behind the scenes. Such is the case with the Family Law Minors’ Counsel program, which received a state grant and launched early in 2025.

California Family Code § 3150 allows for the court to appoint private legal counsel for a minor child in specific cases, when it would be in the best interest of the child. Custody disputes, visitation negotiations, and cases in which there are allegations of abuse, neglect, or exploitation may all qualify. “Not a lot of families can afford the [private] attorney’s fee,” said Judge Roger C. Chan, the supervising judge of San Francisco’s Unified Family Court (UFC). “There were a lot of cases where the child’s voice was getting lost.”

“While Family Code 3150 is the statutory [mechanism] for minors’ representation, the funding requirements are a real gray area,” said Jill McInerney, a Child Welfare Law Specialist (CWLS) at McInerney Family Law. “Every county does it differently,” she said, with some counties’ programs funded by the courts themselves. “A long-recognized need was met by an opportunity,” said Judge Chan, when an attorney forwarded the application for a one-year Minors’ Counsel Grant through the California Governor’s Office of Emergency Services (Cal OES).

Staci Gray, Chief Operations Officer, UFC, San Francisco Superior Court, completed the application, and the grant was promptly approved, providing $180,000 for private counsel and extra training. The program started spending money on January 1, and in its first year, 26 cases were referred to BASF for appointments of counsel for minors.

“The reason we have the need for this grant is heavy on my heart,” said Gray. “These are the worst of the worst cases, and they need our help,” she said. “I was truly truly bent on getting this grant.”

“I think we’re seeing more children [under] stress because of their parents’ separation,” said Susanne Stolzenberg, a Certified Family Law Specialist at the Law Office of Susanne Stolzenberg, when asked why this funding is so critical now. “This program is one option to prevent these children from either spiraling down further or getting somehow lost in the cracks of that system.”

“And they’re kids! KIDS!” said Gray. “They didn’t ask to be put in this situation. They deserve to be championed.”

Built on a Partnership with BASF’s LRIS

A key factor in getting the program up and running as soon as the grant was funded was the existence of BASF’s Court Appointed Programs, a division of the Lawyer and Referral Information Service (LRIS). “We said in the application we could ramp up quickly because of our incredible partnership with the Bar Association, which already had a small panel of qualified attorneys,” Judge Chan said.

“We had a good pool of attorneys used to doing minors work through the Dependency panel,” said Gray, and their skills transferred nicely to the new role. “We were hoping those people would apply for this panel too, and they didn’t disappoint. A lot of them came over.” The panel quickly grew from two to eight attorneys, and there’s room for more.

Training was offered in early spring 2025 and will be ongoing. The presentation covers topics from responsibilities and tasks, as well as guidelines for setting and maintaining boundaries for the attorney’s mental health and well-being. “Any Family Law practitioner interested in joining us will receive the training, free of charge,” said Director of Court Programs Julie Traun.

A Win-Win-Win: How the Program Serves Children, Adults, and the Court

The process is straightforward with court staff, BASF, and the panel of vetted attorneys working together to facilitate appointments that align with the grant’s requirements. “My impression is the judges are very smart about which cases should have grant-appointed counsel,” said Stolzenberg. Appointments are made, Judge Chan said, “really on a case by case or family by family basis. The court identifies cases where the child’s voice is getting lost, or where we need another look at allegations of abuse and neglect. These are ways in which minors’ counsel have been incredibly effective.”

In considering whether to appoint legal counsel for a child, the court takes into account factors including whether representation might alleviate some of the stress the child is experiencing from the family’s dispute, provide the court with relevant information that is not otherwise readily available or likely to be presented, and if independent representation would serve the child's best interest. Candidates are processed through BASF’s Indigent Defense Panel (overseen by Traun and managed by McInerney), which manages the application process and screens attorneys for eligibility. If the family has the means, they pay the attorney’s fees directly; when the court appoints an attorney through the grant, BASF manages the invoice, and the court issues payment.

It is important to note the distinction of “in the minor’s best interest,” which “may or may not be what the minor wishes.” (In re Richard H. (1991) 234 Cal.App.3d 1351, 1368) Ryan Sheets, a CWLS at Law Office of Ryan Sheets, has observed young clients’ moods swing from nodding along to instructions about going to therapy or having supervised visits, to resisting or outright refusing orders. “Kids are caught in the middle because parents make choices,” said Sheets. “It’s never the kid’s choice. It sucks for them.”

A minor’s counsel’s primary role is to advocate for their client and give them a voice. Once a relationship has been established, “the kids are happy—relieved—to have someone they can talk to,” Sheets said. “By establishing rapport and a sense of trust, I’m able to get good information,” said Scott Goering, Law & Mediation Offices of Scott Goering, who found his experience representing minors of all ages in Dependency Court helpful. “You get a little more nuanced understanding of what’s going on [to make] recommendations for what needs to happen for a young person.”

In one success story, Goering had a client who was a young teenager, “a horrific story,” he said. The minor’s therapist recommended the child testify. After discussing it with his client, with whom Goering had built a foundation of trust, they prepared questions in advance, then set the stage for success. “We met in chambers for over an hour, went in ahead of time to meet the judge, shake their hand,” he said. “I think my client felt very empowered as a result of that.”

Although the attorney’s role does not include taking on the responsibilities as a social worker, probation officer, child custody evaluator, or mediator, sometimes the lines are blurred—for good outcomes. “It’s not really our job to educate the parents, but inadvertently it has that effect,” said Stolzenberg. “Family Court can be vicious, with some parents at war with each other, putting their kids in the middle,” said Sheets, and having another cool-headed adult in the room can help. “My mediation background really does inform my 3150 practice,” says Goering, who for several years worked as Senior Mediation Counsel with BASF’s Conflict Intervention Service program. “I’ve seen cases in which parents are in high conflict, are unable to agree, and the minors’ attorney works with them. And because of the minor’s attorney, many of parents were able to reach agreements,” said Judge Chan. “This lowers the tension, which helps the child.”

“Because they’re the outside person observing and reporting to the court, making recommendations, these attorneys help the bench make more educated decisions,” said Gray, and Judge Chan concurred. “When safety is an issue, they can bring information to light to help the court make better decisions.”

Gray credits this collaborative effort for part of the program’s success. “I think what I’ve seen come out of this is resolution of these cases, before going to court. The long-term goal is to see parents work things out among themselves in a positive way, to set aside differences and come to an agreement about something,” she said. “And cases that would typically drag on much longer seem to resolve sooner.”

“My hope is for the program to expand, so minors’ counsel could be appointed sooner, before more harm or traumas happens, or before contact with one parent has to stop or be supervised,” Stolzenberg said. “Some things can be prevented if there’s an advocate for the child.

Perks of the Job

“Family Court is something you can jump right into after law school as a young lawyer,” said Sheets. Joining the panel gave him opportunities to get experience, make more money, and branch out. “Serving in this capacity is another way to expand your network,” said Stolzenberg, including opportunities to engage with colleagues, judges, and resource providers.

The perks are also personal. “We know we’re blessed to be where we are, to have the careers that we have, and be able to give back,” said Gray. Goering remembers a moment when he knew he was succeeding with his young client when he called and “I heard him say to his friends, ‘Hold on, guys, I gotta talk to my lawyer.’”

“It’s highly gratifying work,” said Stolzenberg. “It’s often a humbling experience to work with the people who are the most affected by court orders, which is the children.”

“I won’t say I have the magic wand,” said Sheets, “but I like my job when things improve for the family, for the kids, and I can attribute that to me.”

“We’ve seen the value and the impact of the minors’ counsel, and we’re looking to grow and sustain this program,” said Judge Chan. “Our broad hopes are to not have it be a grant-funded program but a permanent program available for families.”

As of press time, 2025 grant money was still available for the panel, and the court has applied to renew the grant for another year.