ROLE OF THE LAWYER IN CHILD ABUSE CASES (FROM HELPING THE BATTERED CHILD AND HIS FAMILY, 1972, BY C HENRY KEMPE AND RAY E HELFER - SEE NCJ-15310)

• NCJ Number: 49043
• Author(s): J L ISAACS
• Date Published: 1972
• Length: 17 pages
• Corporate Author: J B Lippincott
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE FUNCTIONS AND RESPONSIBILITIES OF COUNSEL FOR THE CHILD AND FOR THE PARENT IN JUVENILE OR FAMILY COURT PROCESSING OF CHILD ABUSE AND NEGLECT CASES IS DISCUSSED.

Abstract

AS LATE AS 1963, LAWYERS RARELY APPEARED IN THE JUVENILE COURTS. HOWEVER, EVIDENCE THAT CONSTITUTIONAL RIGHTS WERE NOT ALWAYS SAFEGUARDED IN JUVENILE DELINQUENCY, ABUSE, AND NEGLECT AND DEPENDENCY PROCEEDINGS BROUGHT A REEVALUATION OF THE JUVENILE COURT CONCEPT AND THE PARENS PATRIAE DOCTRINE. ONE BYPRODUCT OF THE REEVALUATION WAS A DEMAND FOR LEGAL REPRESENTATION OF CHILDREN. IN 1962, THE STATE OF NEW YORK PIONEERED A SYSTEM OF 'LAW GUARDIANS' TO PROVIDE LEGAL REPRESENTATION FOR MINORS IN NEGLECT AND JUVENILE DELINQUENCY CASES. THE LAWYER'S ROLE IN THE TRIAL PHASE OF JUVENILE DELINQUENCY PROCEEDINGS HAS BEEN RELATIVELY EASY TO DELINEATE, BUT LAWYERS CONTINUE TO APPROACH NEGLECT AND ABUSE CASES WARILY. YET THERE CAN BE NO DOUBT AS TO UTILITY OF LEGAL REPRESENTATION FOR CHILDREN IN ABUSE AND NEGLECT PROCEEDINGS. NEITHER THE COUNTY ATTORNEY, CITY ATTORNEY, JUDGE, NOR COUNSEL FOR THE PARENT IS IN A POSITION TO ASSURE THAT THE CHILD'S LEGAL AND SOCIAL INTERESTS ARE REPRESENTED ADEQUATELY. COUNSEL FOR THE CHILD IN ABUSE OR NEGLECT PROCEEDINGS NEITHER PROSECUTES NOR DEFENDS, RATHER HE OR SHE INSURES THAT ALL RELEVANT FACTS ARE PRESENTED TO THE COURT IN ORDER TO RESOLVE THE CASE IN THE BEST INTERESTS OF THE CHILD. COUNSEL FOR THE CHILD CAN PLAY A MEANINGFUL ROLE AT EACH STAGE OF THE NEGLECT OR ABUSE CASE, INCLUDING INFORMAL PROCEEDINGS TO DETERMINE THE NECESSITY OF A COURT HEARING. ACTING AS COUNSEL FOR THE CHILD IN ABUSE AND NEGLECT PROCEEDINGS OFFERS A CHALLENGE TO LAWYERS WHO VIEW THE LAW AS A MECHANISM FOR RESOLVING SOCIAL CONFLICT. THE RAPID EXPANSION OF LEGAL REPRESENTATION FOR CHILDREN HAS NOT BEEN PARALLELED BY AN EXPANSION IN SERVICES FOR INDIGENT PARENTS ACCUSED OF ABUSING OR NEGLECTING A CHILD. YET IT IS DIFFICULT TO CONCEIVE OF A PARTY IN A COURT PROCEEDING MORE IN NEED OF INDEPENDENT LEGAL REPRESENTATION THAN A PERSON CHARGED WITH BRUTALIZING A CHILD. MOST LAWYERS UNDERSTAND THE ROLE OF COUNSEL FOR THE PARENT BETTER THAN THAT OF COUNSEL FOR THE CHILD, BUT THE COMPLEXITIES OF PROVIDING LEGAL SERVICES TO THE PARENT OFTEN ARE OVERLOOKED OR UNDULY SIMPLIFIED. THERE IS A NEED FOR A HIGH DEGREE OF SPECIALIZED TRAINING AND EXPERIENCE FOR LAWYERS HANDLING CHILD ABUSE AND OTHER TYPES OF FAMILY MATTERS. SUCH TRAINING AND EXPERIENCE MUST GO BEYOND THE LEGAL ASPECTS OF CHILD ABUSE TO ENCOMPASS MEDICAL AND PSYCHOLOGICAL PERSPECTIVES, TREATMENT APPROACHES, AND SOURCES OF ASSISTANCE FOR THE ABUSED CHILD AND HIS OR HER PARENTS. A LIST OF REFERENCES IS INCLUDED. (LKM)