NCJ Number
217286
Journal
Hamline Journal of Public Law & Policy Volume: 28 Issue: 1 Dated: Fall 2006 Pages: 75-98
Date Published
2006
Length
24 pages
Annotation
This article traces the history of the practice of law for children and provides guidance for the future of this field of law.
Abstract
There is a dilemma over whether to provide legal counsel to children, and if so, what type of legal service to provide. There is consensus that the goal is to provide just outcomes for children, but there is disagreement over whether legal services for children improve case outcomes for them. The debate centers on whether traditional independent legal counsel empowers children in an adverse way and whether attorneys serving as guardians ad litem ultimately serve state interests rather the child's interests. Children's law is a new field of practice. Although children's interests appear in America's early jurisprudence, it was not until the 1970s that the legitimate delivery of legal services to children emerged. This was connected to the upgrading of children's status in society, suggesting that the value society places on a client class influences the level of legal services provided that class. The status of children in American society has evolved from that of children as property, to children as welfare recipients to children as rights-based citizens. The degree of legal services available to children corresponds to these stages. The importance of viewing children as rights-based citizens is seen in current debates within the Federal Government, State legislatures, child advocacy organizations, and court systems regarding policy for the nature of legal services provided to children in abuse-and-neglect court cases. 138 notes