NCJ Number
43165
Journal
California Western Law Review Volume: 13 Issue: 1 Dated: (1976-1977) Pages: 16-45
Date Published
1977
Length
30 pages
Annotation
HISTORICAL TREATMENT OF THE PHENOMENON OF CHILD ABUSE, THE CONCEPT OF THE 'GUARDIAN AD LITEM' ( ONE APPOINTED BY THE COURT), AND ITS IMPORTANCE IN PROTECTING THE RIGHTS OF THE ABUSED CHILD ARE EXAMINED.
Abstract
THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974 PROVIDES FOR THE MANDATORY APPOINTMENT OF A GUARDIAN AD LITEM TO REPRESENT AN ABUSED OR NEGLECTED CHILD'S INDEPENDENT INTERESTS IN ANY CASE THAT RESULTS IN A JUDICIAL PROCEEDING. A TYPICAL CHILD ABUSE CASE CONSISTS OF THREE STEPS: (1) IDENTIFICATION UNDER THE MANDATORY REPORTING STATUTE OF ACTUAL OR POTENTIAL CHILD ABUSE; (2) INVESTIGATION, USUALLY CARRIED OUT BY A STATE DEPARTMENT OF SOCIAL SERVICES; AND (3) INTERVENTION, IF WARRANTED, IN THE FORM OF SERVICES AND TREATMENT FOR PARENTS AND CHILD ON A VOLUNTARY BASIS, OR THE FILING OF A COURT CASE. THE ABUSED CHILD NEEDS AND IS ENTITLED TO SOME FORM OF INDEPENDENT ADVOCACY, SUCH AS A GUARDIAN AD LITEM, AT EACH STAGE OF THE PROCESS. HISTORICALLY, THE GUARDIAN AD LITEM WAS APPOINTED TO REPRESENT A CHILD DEFENDANT; IN CHILD ABUSE CASES, HOWEVER, HIS ROLE IS NOT ADVERSARIAL. AS AN OFFICER OF THE COURT, THE GUARDIAN AD LITEM FUNCTIONS AS AN INVESTIGATOR, AN ADVOCATE, A COUNSEL, AND A GUARDIAN. IN THE LATTER CAPACITY, HE MAY REQUEST THAT THE COURT ASSUME TEMPORARY PROTECTIVE CUSTODY IF THE CHILD IS JUDGED TO BE IN IMMEDIATE DANGER IN THE HOME ENVIRONMENT. AS AN ADVOCATE AND COUNSEL, HE MUST BE PRESENT AT ALL FORMAL HEARINGS. THE APPOINTEE SHOULD LOGICALLY BE AN ATTORNEY, ALTHOUGH THIS IS NOT REQUIRED BY LAW. IN 1977, EXISTING STATUTES OFFER LITTLE GUIDANCE FOR GUARDIANS AD LITEM ONCE APPOINTED. THE AUTHOR SUGGESTS THAT THE LEGISLATION BE REGARDED AS A FRAMEWORK WITHIN WHICH THE INDIVIDUAL GUARDIAN MUST USE HIS OWN JUDGMENT AND CREATIVITY IN REPRESENTING THE CHILD.