NCJ Number
61615
Journal
Juvenile and Family Court Journal Volume: 30 Issue: 3 Dated: (AUGUST 1979) Pages: 15-20
Date Published
1979
Length
6 pages
Annotation
A RESEARCH PROJECT DESIGNED TO DETERMINE THE PRESENT SITUATION WITH RESPECT TO REPRESENTATION FOR CHILDREN IN CHILD ABUSE AND NEGLECT PROCEEDINGS IS DESCRIBED. IT INVOLVES A REGIONWIDE SURVEY OF SOUTHEASTERN JUDGES.
Abstract
THE PURPOSE OF THE STUDY IS TO IDENTIFY THE MEANS AND RESOURCES FOR STATES TO BETTER MEET THE GUARDIAN AD LITEM PROVISION OF THE FEDERAL CHILD ABUSE PREVENTION AND TREATMENT ACT. A TOTAL OF 575 QUESTIONNAIRES WAS SENT TO ALL IDENTIFIED JUDGES IN THE SOUTHEAST REGION HAVING JURISDICTION OVER JUVENILE MATTERS DURING 1977. THE RETURN RATE WAS UNDER 20 PERCENT, AND A REQUEST FOLLOWUP CARD WAS SENT, RESULTING IN A MINIMAL PERCENTAGE INCREASE TO A FINAL SAMPLE OF 114 JUDGES. QUESTIONS WHICH STRUCTURED THE RESEARCH PROJECT AND QUESTIONNAIRE DEVELOPMENT PERTAINED TO COURTS' USE OF THE GUARDIAN AD LITEM, THE COSTS AND FINANCING OF GUARDIAN AD LITEM SERVICES, AND JUDGES' RECOMMENDED CHANGES FOR ALTERING OR EXPANDING THE GUARDIAN'S ROLE. THE FINDINGS FROM THE STUDY SUGGEST FIRST THAT LEGISLATIVE INTENT, E.G., 'SHALL APPOINT IN EVERY CASE', WITHOUT A CLEAR CONCEPTUAL MODEL AND ATTENDING RESOURCES FOR LOCAL IMPLEMENTATION MAY BE INEFFECTIVE AS AN APPROACH TO REALIZING THE INTENDED GOAL. SECOND, WHILE LEGISLATION DOES NOT GUARANTEE ABSOLUTE COMPLIANCE, A LEGAL PROVISION MIGHT HAVE GREATER IMPACT THAN A LEGISLATIVE ONE ON ACTIONS DESIGNED TO BRING ABOUT THE DESIRED CHANGE. FINALLY, RELATIVE TO PRESENT PROCEDURES FOR IMPLEMENTING THE GUARDIAN AD LITEM PROVISION, ONE MUST QUESTION HOW WELL THE CHILD'S INTERESTS, WELFARE, AND WELL-BEING BEYOND INCOURT REPRESENTATION ARE BEING SERVED. FOOTNOTES ARE INCLUDED IN THE ARTICLE. (AUTHOR ABSTRACT MODIFIED--LWM)