IN THE BEST INTERESTS OF THE CHILD - SOCIAL WORK IN THE FAMILY COURT

• NCJ Number: 58350
• Author(s): C LINDNER
• Date Published: 1978
• Length: 68 pages
• Corporate Author: Federation of Protestant Welfare Agencies
• Sale Source: Federation of Protestant Welfare Agencies
• Language: English
• Country: United States of America
• Note: MANUAL BASED ON SERIES OF SEMINARS PRESENTED BY THE FPWA DIVISION OF CHILD AND FAMILY WELFARE IN 1976-79

Annotation

THIS MANUAL HAS BEEN DEVELOPED TO ENABLE SOCIAL WORKERS TO FUNCTION EFFECTIVELY WITHIN THE FAMILY COURT SYSTEM WHILE BEST SERVING THE NEEDS OF THEIR CLIENTS IN THE STATE OF NEW YORK.

Abstract

ALTHOUGH THE JUVENILE COURT CONTINUES TO EMPHASIZE REHABILITATION AS OPPOSED TO PUNITIVE DISPOSITIONS, AND ALTHOUGH THE 'BEST INTERESTS OF THE CHILD' CONTINUES AS THE UNDERLYING PHILOSOPHY, IN RECENT YEARS THERE HAS BEEN A DECIDED MOVEMENT TOWARD AN ADVERSARY SYSTEM AS PART OF THE U.S. SUPREME COURT'S MANDATE OF THE EXTENSION OF DUE PROCESS RIGHTS FOR CHILDREN. THIS HAS REQUIRED A MAJOR CHANGE IN THE ROLES OF PARTICIPANTS IN JUVENILE COURT PROCEEDINGS. THE ROLE OF SOCIAL WORKERS HAS BEEN AFFECTED SIGNIFICANTLY BY THE MORE FORMAL AND HIGHLY STRUCTURED LEGAL PROCEEDINGS. SOCIAL WORKERS ARE UNCOMFORTABLE IN COURT SETTINGS AND OFTEN FARE POORLY. SOCIAL WORKERS CAN WORK MORE EFFECTIVELY WITHIN THIS SYSTEM IF THEY UNDERSTAND THE CONFIDENTIALITY ACCORDED TO SUCH CASES, THE IMPACT OF A FAMILY COURT RECORD ON OFFENDERS, THE ROLES OF THE VARIOUS COURT PERSONNEL, AND THE ORGANIZATION OF JUVENILE COURT INTO VARIOUS SPECIALIZED PARTS HANDLING SPECIFIC TYPES OF PROBLEMS SUCH AS CHILD SUPPORT, PATERNITY, ADOPTION, CUSTODY, JUVENILE DELINQUENCY, AND CHILD PROTECTIVE PROCEEDINGS. THE COURT HAS A CLEARLY ESTABLISHED SEQUENCE OF PROCEDURES BEGINNING WITH PROBATION INTAKE WHICH SCREENS CASES BEFORE THEY GO TO COURT AND ATTEMPTS TO RESOLVE APPROPRIATE CASES BEFORE THEY GO TO COURT. ALTHOUGH COURT INTAKE HEARINGS ARE CLOSED TO THE PUBLIC, SOCIAL WORKERS CAN ASK JUDGES TO LET THEM PARTICIPATE IN THESE HEARINGS. FACT-FINDING HEARINGS ARE HELD TO DETERMINE IF THE ALLEGED OFFENSES WERE COMMITTED, AND DISPOSITION HEARINGS ARE THEN HELD TO PASS SENTENCE. APPEALS PROCEDURES ARE PROVIDED FOR IN SUCH CASES. THE COURT CAN DRAW UPON THE SERVICES OF THE PROBATION DEPARTMENT AND SUCH AUXILIARY COURT SERVICES SUCH AS MENTAL HEALTH CLINICS. SINCE SOCIAL WORKERS CAN PLAY A VARIETY OF ROLES, SUCH AS WITNESSES, JUVENILE ADVOCATES, AND PROVIDERS OF SERVICES IN FAMILY COURT PROCEEDINGS, SOCIAL WORKERS MUST BE AWARE OF COURTROOM CONVENTIONS AND DECORUM. A GLOSSARY OF LEGAL TERMS COMMONLY USED IN FAMILY COURT AS WELL AS FOOTNOTES ARE INCLUDED. (KCP)