NCJ Number
50577
Date Published
1976
Length
14 pages
Annotation
CHILD ADVOCACY IS DISCUSSED IN RELATION TO THE FAMILY AS A SOCIAL UNIT, TO THE POTENTIAL OF A RESTRUCTURED OR RECREATED EDUCATIONAL INSTITUTION, AND TO THE ROLE OF THE COURTS.
Abstract
IN STRESSING CHILD ADVOCACY, THE STRENGTHENING OF THE FAMILY IS SEEN AS THE FOREMOST NEED. SINCE FAMILIES MUST HAVE SUFFICIENT FINANCIAL RESOURCES TO OPERATE AS EFFECTIVE CHILD-DEVELOPING AGENTS, A GUARANTEED FAMILY INCOME SHOULD BE A RIGHT. THERE IS A NEED FOR RESTRUCTURING DELIVERY SYSTEMS FOR FURNISHING SERVICES TO CHILDREN. DISPARATE SOCIAL AGENCIES SHOULD BE CENTRALIZED AND COORDINATED. SINCE THE SCHOOL SYSTEM HAS A GREAT POTENTIAL FOR SERVICE LINKAGE, IT WOULD BE A LOGICAL PLACE TO INITIATE THE EFFORT. SCHOOLS SHOULD ENCOURAGE PARENTAL INVOLVEMENT IN PROGRAMS AIMED AT PROVIDING A COMPREHENSIVE APPROACH TO THE SOLUTION OF CHILDREN'S PROBLEMS. THE PROPER ROLE FOR COURTS IN REGARD TO SOCIAL WELFARE GENERALLY IS LIMITED TO MONITORING THE DECISIONMAKING PROCESS AT THE ADMINISTRATIVE LEVEL OF EDUCATIONAL, HEALTH, AND SOCIAL AGENCIES. THE COURT DETERMINES WHETHER THERE WAS A FULL AND FAIR OPPORTUNITY FOR EXPLORATION OF THE FACTS AND OPPOSING VIEWS, WHETHER THERE WAS STRICT ADHERENCE TO THE SUBSTANTIVE AND PROCEDURAL REQUIREMENTS OF THE LAW, AND WHETHER THE INFORMATION GENERATED WAS RATIONALLY APPLIED TO REACH THE ULTIMATE CONCLUSIONS. THIS MODEL OF JUDICIAL REVIEW CAN BE ADAPTED AS ADMINISTRATIVE PROCEDURE IN MANY INSTITUTIONS TO RELIEVE BURDENS ON THE COURT. THE COURTS WOULD THEN BE ABLE TO EXAMINE THE RECORD OF THESE ADMINISTRATIVE PROCEEDINGS AND DECISIONS TO ENSURE THAT DISCRETION HAS NOT BEEN EXERCISED ARBITRARILY. THE ESSENTIAL PURPOSE OF JUDICIAL REVIEW IS TO INSURE ACCOUNTABILITY IN THE AGENCIES, ADMINISTRATORS, AND PROFESSIONALS. IT IS STRESSED THAT COURTS SHOULD NOT BE RELIED UPON TO SECURE RIGHTS FOR CHILDREN; THIS SHOULD COME ABOUT WITH THE STRENGTHENING OF THE FAMILY UNIT AND THE IMPROVEMENT OF THE EDUCATIONAL SYSTEM.