NCJ Number
50573
Date Published
1976
Length
12 pages
Annotation
MICROSYSTEM ADVOCACY, INDIVIDUALIZED ADVOCACY ON BEHALF OF SPECIFIC, IDENTIFIABLE CHILDREN IN A LEGAL SETTING, IS DISCUSSED. A 1975 MICHIGAN HEALTH CODE AFFECTING CHILDREN IN PSYCHIATRIC FACILITIES IS EXAMINED IN PARTICULAR.
Abstract
THE 1975 MICHIGAN STATUTE REQUIRES THAT CHILDREN MUST BE INFORMED OF THEIR RIGHTS TO BE REPRESENTED BY COUNSEL IN COURT IN THE EVENT THAT THEIR PARENTS WISH TO COMMIT THEM TO A PSYCHIATRIC HOSPITAL. IT IS SUGGESTED THAT THE CHILD ADVOCATE SYSTEM IS A BETTER METHOD FOR DEALING WITH THESE KINDS OF SITUATIONS THAN THE MICHIGAN STATUTE, SINCE THE STATUTE FORCES CHILDREN AT THE BEGINNING OF THEIR HOSPITALIZATION TO SAY 'YES' OR 'NO' TO THE DEMANDS THAT THE ADULT WORLD IS PLACING ON THEM. COURTS SHOULD MOVE AWAY FROM INDIVIDUALIZED HEARINGS FOR EACH HOSPITALIZATION AND CONSIDER THE OVERALL STRUCTURE OF PSYCHIATRIC HOSPITAL SERVICES. THEY SHOULD ENFORCE A GENERAL RIGHT TO TREATMENT AND REVIEW CASES ON A SELECTIVE OR RANDOM BASIS. IN SUCH A SYSTEM, THE COURT WOULD CONSIDER THE ADEQUACY OF THE THERAPEUTIC PROGRAM AND STAFF, AND ASSURE THAT THE FACILITY IS OPEN TO THE EXTENT THAT PERSONS NOT GUILTY OF SERIOUS ANTISOCIAL ACTS COULD LEAVE IF THEY CHOSE TO DO SO. THREE GENERAL THEMES ARE OUTLINED: THE LIKELIHOOD OF A PARENT-CHILD CONFLICT DOES NOT IN ITSELF CALL FOR AN INDEPENDENT, AUTHORITATIVE MEDIATOR TO PROTECT THE CHILD; OUR LEGAL SYSTEM SHOULD FOSTER PRIVATE ORDERING OF CONFLICTS BETWEEN A PARENT AND CHILD WITHOUT EXTERNAL INTERVENTION, AND IN CONSIDERING LEGAL ADVOCACY, THE NEED FOR USING COURTS AND LAWYERS SHOULD BE CONSIDERED IN THE CONTEXT OF INDIVIDUAL AREAS OF CHILDREN'S RIGHTS. (DAG)