Trials & Litigation
Report Says Better Representation of Children is Needed in Family Court
Posted Oct 15, 2009 5:23 PM CST
By Martha Neil
Revised standards and better representation are needed to protect the rights and best interest of children in child neglect and abuse cases in the nation's family courts, says a report issued today by two advocacy groups.
Critical to improvement are reasonable caseloads, appropriate training for lawyers and standards that require both attorneys and judges to listen to what children have to say about what likely will prove to be one of the most important decisions in their lives, according to the Boston Globe and a PR Newswire press release.
The report, A Child's Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children, was issued jointly by First Star and the University of San Diego School of Law Children’s Advocacy Institute. The institute provides a link (PDF) to the 157-page report.
Related material:
ABA National Conference on Children and the Law: "The Unfulfilled Promise: The Right to Counsel for Parents and Children in Child Welfare Proceedings"
Deseret News: "Utah receives 'C' grade for children's rights"
Maine Public Broadcasting Network: "Report Gives Maine an 'F' in Legal Protections for Children"
St. Louis Post-Dispatch: "Missouri gets a 'D' in legal advocacy of foster children"
Tampa Tribune: "Advocates: Florida fails at protecting children"
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Comments
Lee
Oct 16, 2009 11:06 AM CST
As a foster dad for 6 years and of almost 30 young kids, it has been both disturbing and frustrating at how the legal system inflicts additional harm on neglected and abused kids. At the top of the list of things broken is the quality of the guardian ad litems. More often than not they have a pulse and law license, but that’s about all. I dread their appointment because I can predict what will happen: zero competence, zero advocacy for the child, zero preparation for hearings. And woe to thee who complains about them to the court. The zombies suddenly come to life in ardent defense of themselves, and then go out of their way to “get back” at the foster parent by hurting the child.
A truly broken system. And no one cares.
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