NCJ Number
49016
Journal
Trial Volume: 14 Issue: 7 Dated: (JULY 1978) Pages: 29-32,68
Date Published
1978
Length
5 pages
Annotation
THE ATTORNEY'S ROLE AS COUNSEL OR GUARDIAN AD LITEM TO AN ABUSED OR OTHERWISE MALTREATED CHILD IS DISCUSSED, AND GUIDELINES FOR EFFECTIVE CHILD ADVOCACY ARE OFFERED.
Abstract
IMPROVEMENTS IN THE DIAGNOSIS OF CHILD ABUSE ARE NOTED, AS ARE RESEARCH FINDINGS THAT SUGGEST THE WIDE RANGE OF EFFECTS OF ABUSE. IT IS POINTED OUT THAT LAWYERS NEED TO HELP SOCIETY ORGANIZE WAYS OF ADEQUATELY FUNDING AND PROVIDING THAT SERVICES FOR CHILDREN, INCLUDING LEGAL SERVICES. THE SPECIAL ROLE OF THE ATTORNEY AS A CHILD'S SPOKESPERSON IN PROCEEDINGS THAT WILL DETERMINE THE CHILD'S FUTURE IS DISCUSSED. IT IS NOTED THAT OFTEN THE CHILD'S ATTORNEY MAY BE THE ONLY OBJECTIVE PARTY TO INSIST THAT THE CHILD'S INTERESTS BE CONSIDERED BY THE COURT. AREAS OF COMPETENCE REQUIRED OF ATTORNEYS REPRESENTING CHILDREN ARE NOTED, AS ARE RESOURCES FOR SUCH ATTORNEYS. GUIDELINES FOR CASE PREPARATION AND CONDUCT ARE OFFERED, WITH EMPHASIS ON THE NEED FOR THE ATTORNEY TO VISIT THE CHILD IN THE CHILD'S HOME, TO BE AWARE OF THE INDICATORS OF ABUSE, AND TO ADOPT A NONADVERSARIAL STANCE WHENEVER POSSIBLE. THE ATTORNEY'S RESPONSIBILITY TO MAKE CERTAIN THAT THE CHILD'S INTEREST ARE NOT MERELY SUBSUMED IN A PLAN FOR THE PARENTS' TREATMENT IS NOTED. LISTS OF REFERENCES AND OF ORGANIZATIONS ACTIVE IN CHILDREN'S LAW ARE INCLUDED. (LKM)