NCJ Number
111827
Journal
Dickinson Law Review Volume: 89 Issue: 3 Dated: (Spring 1985) Pages: 605-543
Date Published
1985
Length
39 pages
Annotation
Data for 210 child abuse and neglect cases in North Carolina were analyzed to examine differences between the legal representation provided to children and parents in child protection proceedings.
Abstract
Data indicate that compared to attorneys representing parents, those representing children were ineffective. Their failure was a result of systemic and structural problems related both to how they were provided and what was expected of them. The process of their appointment was highly discretionary. The courts' paternalistic approach resulted in a therapeutic approach to providing representation for the children. In part because of inadequate compensation, children's attorneys spent minimal time on cases, suggesting that they simply followed social service recommendations and minimized their own contributions to case processing. In addition, attorneys were confused about their role in such cases: most believed that many judges did not expect them to take an active adversarial role, and they typically lacked specialized training in child abuse and neglect cases. The lack of client-centered independence of attorneys and the therapeutic approach to such cases taken by both the attorneys and the courts results in inadequate representation for children. An independent agency to train attorneys and monitor their performance is suggested. 106 notes.