Refocusing the Lens of Child Advocacy Reform on the Child
When placed within family court jurisdiction, children need lawyers. Dependency [FN1] cases in the family court--in which parents are accused of abusing or neglecting their children--are fraught with constitutional tensions regarding the state's and parents' rights to regulate the well-being of children, [FN2] along with systemic pressures such as federal statutes and state funding [FN3] that substantially affect family relationships. Children sit at *482 the heart of these proceedings; indeed they are the very reason for them. Facing abrupt state intervention into their family life and the oft-accompanying physical removal [FN4] from their homes, these children travel a tumultuous and uncertain road from the time the alleged abuse or neglect occurs until the allegations are resolved. Threatened also with termination of parental rights, [FN5] they--for better or worse--face the potential permanent loss of their natural family life. The recognition that children are not mere property to be tossed between their parents and the state has prompted states to require representation of children as independent parties. Children possess unique rights and interests--to be free from harm and to access relevant social services, among others--that need separate advocacy, particularly in light of the frequent conflicts between the respective interests of parents and children. [FN6] Though a relatively common practice, child representation in dependency proceedings remains both inconsistent and disputed across the country.
How Children's Lawyers Serve State Interests
Those familiar with my views on representing children know that I have long raised arguments against providing young children with lawyers in most kinds of legal proceedings. In what are undoubtedly too many law review articles, I have written about the dangers associated with providing children with lawyers.' These dangers include liberating lawyers to argue for results they prefer (whether or not such results comport with what the child would want, what the law expects, or what is best for the child). For the most part, I have tried to ground my opposition to providing lawyers for young children on theory. Most prominently, I've argued that introducing a randomly assigned member of the bar who is free to determine for herself what position to advocate to a court threatens a balanced application of the rule of law and, at its worst, introduces a troubling degree of arbitrariness which raises profound questions about the rule of law. Many of these concerns are well-rehearsed by now and, in particular, were carefully examined in the important conference held at Fordham University School of Law in 1995, which serves as the foundation for this conference. My writings have, to a limited extent, influenced the field. My ultimate view against relying on lawyers for children, however, has not only been rejected widely, it has been buried by an avalanche of caselaw, statutes, and
Children at risk : an evaluation of factors contributing to child abuse and neglect
I. Introduction.- 1 Research in Child Abuse and Neglect: Current Status and an Agenda for the Future.- II. General Issues.- 2 The Epidemiology of Child Maltreatment.- 3 Trends in Legislation and Case Law on Child Abuse and Neglect.- 4 Research Directions Related to Child Abuse and Neglect.- 5 Social and Emotional Consequences of Child Maltreatment.- III. Risk Factors Associated with Child Abuse and Neglect.- 6 Sociological and Ecological Factors.- 7 Parental Psychopathology and High-Risk Children.- 8 Predisposing Child Factors.- IV. Prevention and Treatment.- 9 Prevention Programs.- 10 Treating the Abused Child.- 11 Treating the Child Abuser.- V. Conclusions.- 12 Future Directions.- Author Index.