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Legal, Ethical and Professional Concerns When Representing Children in Abuse Cases in Juvenile Court

NCJ Number
151738
Journal
Juvenile and Family Court Journal Volume: 45 Issue: 3 Dated: (1994) Pages: 39-50
Author(s)
R V Rodatus
Date Published
1994
Length
12 pages
Annotation
This paper describes the organizational philosophy and framework that has evolved in the Gwinnett Juvenile Court in suburban Atlanta since the position of staff guardian ad litem was created 2 years ago to represent children in cases involving child abuse and other issues.
Abstract
Although the organizational philosophy is grounded in Georgia statutory and case law, it was also formed after reviewing the law of other States and certain Federal mandates. In most cases, the philosophy is consistent with the majority views on the subject. The philosophy expressed in the 1903 case of Williams v. Crosby has remained the guiding principle of Georgia courts in protecting the interests of children in the State. According to this philosophy, the child's welfare is the controlling and important fact, regardless of the parties. In representing the child's best interest, the guardian ad litem has a multitude of duties in preparation for any hearings, participation in the hearings, and monitoring the ultimate disposition. The role is a dual one in that the guardian ad litem serves both as an advocate for the best interest of the child and as an arm of the court to aid it in investigating what is in the best interest of the child. In performing the various tasks, the guardian ad litem of a child in a deprivation case in juvenile court performs one of the most unique and valuable services to the court and to a client that our system of representation allows. Notes, appended court orders, and 3 references