Does the Child's Lawyer Owe "The Whole Truth" to the Court in Neglect-Abuse Cases?

• NCJ Number: 162916
• Journal: Juvenile and Family Court Journal Volume: 47 Issue: 2 Dated: (Spring 1996) Pages: 49-56
• Author(s): J Larsen
• Date Published: 1996
• Length: 8 pages
• Publication Format: Article
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

This article proposes a plan for judges to use in attempting to close the evidentiary gap in many child neglect-abuse cases.

Abstract

In many child neglect-abuse cases, the judge does not receive all the information pertinent to the case. Judges can help remedy this by following a certain procedure in any case where a lawyer is appointed to represent a child. First, the judge should express the court's expectation about the lawyer's performance. This involves being clear about whether the lawyer is appointed to advocate for the child's wishes or to represent the child's best interests. Further, the court should indicate whether the lawyer is expected to perform a neutral investigation and reach an agreement with the attorney about the extent to which information is to be shared with the court, recognizing the ethical restraints that the bar places upon the attorney. Judges should be aware that the lawyer for the child cannot be a case manager, a detective, a counselor, and an advocate all at the same time. Further, the judge should analyze the law of the court's jurisdiction to determine which resources are available to bridge the evidentiary gap. This involves determining whether there should be a thorough, neutral investigation of the case at regular intervals; deciding who should undertake the investigation; determining whether there should be a thorough report from the therapist, if the child is in therapy; and assessing the court's ability to secure the testimony of people important in the child's life. The final step in the procedure designed to determine the parameters of information gathering and the delivery of information to the court comes after an audit of the law. The final step for the judge is to work on behalf of the juvenile or family court to obtain the resources that a judge needs to promote the best interest and protect the lives of child who come before the court. 7 notes