L9

THE STATUS OF ABUSED CHILDREN AND THE RIGHT TO COUNSEL

Presenters: Robert Fellmeth

Abstract Category: Legal  

Instruction Level: Intermediate

Presentation: Click Here

Description:

Attorneys Appointed for Abused Children: Duties, Utility, National Status and a Proposed Model.

Abstract:

What is the current law on the right of abused children to counsel in juvenile dependency court -- where the future of their childhood will be determined?  What is the current law on the right of children to counsel who are committed to state mental institutions for an indefinite term?  What does the federal Child Abuse Prevention and Treatment Act require of states in abused child representation?  Do abused or institution-committed children have a constitutional right to legal representation? How do such rights intersect with the longstanding dispute between the "attorney" model and the "Guardian Ad Litem - best interests"  model? 

What are the elements of optimum representation from the child's perspective?   What are the duties of appointed attorneys and how do they interact with other professionals concerned about child welfare?  What are the interdisciplinary skills and knowledge needed by counsel?    Should appointed attorneys have specialized knowledge of applicable law?  Should they be certified (see the program of the National Association of Counsel for Children (NACC))?   Should representation include appellate proceedings?  Should there be caseload standards?  How should such attorneys be compensated? 

What is the current national status of abused child legal representation (e.g. the national report card of the First Star Foundation)?  What are the current national models for such representation (e.g. the NACC, the ABA, the National Commission on Uniform State Laws, others)?  How can child welfare professionals work for optimum representation and judicial decisions for these children?