NCJ Number
111216
Date Published
1987
Length
22 pages
Annotation
The personal rights of children and parents under state actions purported to be in the child's best interests can be best protected through legal advocates for the parent, child, and child protection services along with court rules that mitigate stress for child witnesses.
Abstract
Whether the child is represented by a lawyer or a nonlawyer, the child advocate's role should encompass both legal and nonlegal interests of the child. The child's advocate must ascertain the facts of the cases, examine all proposed interventions by child protection services, and independently determine the best interests of the child and pursue them aggressively. The attorney for the protective services agency should ensure that the agency obtains and presents evidence that adequately supports its recommendations, which should respect parental rights and the best interests of the child. The parents' attorney seeks to minimize the effects of state intervention on the family and negotiates for dispositions most acceptable to the parents. Issues pertaining to the rights and needs of child witnesses include the child's legal capacity to testify, the accuracy and reliability of child witnesses, preparing the child to testify, assisting the child witness in revealing relevant facts, and using alternatives to court testimony that will avoid unnecessary stress for the child. 59 references.