Revisiting the Question of Whether Young Children in Child Protec
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Revisiting the Question of Whether Young Children in Child Protec
Revisiting the Question of Whether Young Children in Child Protec
Loyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protecon Proceedings Should Be Represented by LawyersRandi MandelbaumRutgers UniwsrtyFollow this and additional works at: http://lawecommons.luc.edu/lucljPart of the Juvenile Law CommonsRecommended CitationRandi Mandelbaum, Revisiting rhe Question ửỊ Whether lining Children in Child Protection Pweedings S Revisiting the Question of Whether Young Children in Child Protechould Be Represented try Lawyers, 32 Loy. u. Chi. LJ. 1(2000).Available at: http: 7/lawecommons.hic edu/lud)/vol32/iss 1 /21 his Article is brought toRevisiting the Question of Whether Young Children in Child Protec
you tor tree and open access by LAWeCocnmons. It hat been accepted tor indution in Loyola L'nrterslty Chicago Law Journal by an authorised administraLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protecceedings Should Be Represented by LawyersRandi Mandelbaum *In the late twentieth century, one would expect our nation to have settled the question of whether legal representation must be provided for children involved in judicial proceedings affecting the rest of their lives—cases in which their par Revisiting the Question of Whether Young Children in Child Protecents’ interest may clearly be at odds with theirs. This question is far from settled.* 1I. IntroductionIn 1974, by its passage of the Child Abuse PrevRevisiting the Question of Whether Young Children in Child Protec
ention and Treatment Act (“CAPTA”), Congress established a statutory right to representation, although not necessarily by counsel, for all children whLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protec. The State University of New Jersey. Rutgers University - Newark. School of Law, LL.M. Georgetown University Law Center 1994; J.D. The American University, Washington College of the Law 1988; B.A. Brandcis University 1985. This paper primarily was written while 1 was an Associate Clinical Professor Revisiting the Question of Whether Young Children in Child Protec at the University of California, Hastings College of the Law. 1 wish to thank Kathy Hessler, Shauna Marshall, and Laura Rovncr for their unending encRevisiting the Question of Whether Young Children in Child Protec
ouragement and support, and Mark Aaronson. Kate Bloch. Joshua Davis. Justine Dunlap, Peter Edelman. Bea Moulton. Ascamo Piomelli, Michael Wald, and KeLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protecer provided excellent research assistance. The library support rendered by Linda Weir and Carolyn Kinkaid at Hastings College of the Law was essential. Finally, without the continual nurturancc, guidance, assistance, and love bestowed upon me by my life partner. David Giles, this paper would not hav Revisiting the Question of Whether Young Children in Child Protece been possible.1.Howard A. Davidson. Foreword to ANN M. HaRalambie, The Child's ATTORNEY: A Guide to representing Children in Custody. Adoption, andRevisiting the Question of Whether Young Children in Child Protec
protection Cases at xi (1993); see also Robert E. Shepherd. Jr. & Sharon s. England. / Know the Child Is My Client. Hut Who Am I?, 64 Fordham L. rev. Loyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Proteco be ambivalent regarding the provision of quality legal representation to children").2.See Child Abuse Prevention and Treatment Act, Pub. L. No. 93-247, 88 Stat. 4 (codified at 42 u.s.c. §§ 5101-5107 (1994 and West Supp. 2000)). Throughout this paper, the term "child protection proceeding" will be Revisiting the Question of Whether Young Children in Child Protecused to refer to the entire set of hearings that occur in juvenile court pursuant to the filing of a petition, usually by a child welfare agency, alleRevisiting the Question of Whether Young Children in Child Protec
ging child abuse and/or neglect. Typically, a child protection proceeding will consist of four types of hearings.12Loyola University Chicago Law JournLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protectate is required to “provide a guardian ad litem ... to represent the child."3 Congress amended the statute in 1996 to specify chat the guardian ad litem (“GAL”) may “be an attorney or a court appointed special advocate4 (or both)” and that the purpose of such appointment shall be “(I) to obtain fir Revisiting the Question of Whether Young Children in Child Protecst-hand, a clear understanding of the situation and needs of the child; and (II) to make recommendations to the court concerning the best interests ofRevisiting the Question of Whether Young Children in Child Protec
the child.”5 No further congressionalHowever, depending on what ưanspires, all may not occur in any given proceeding. While each jurisdiction may givLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protecoval or shelter care hearing, an adjudicatory or fact-finding hearing, a disposition hearing, and any number of review hearings. An emergency removal or shelter care hearing typically is held to determine whether it is safe for the children to remain in the care of their parent(s) pending a more com Revisiting the Question of Whether Young Children in Child Protecplete determination of whether the children have been abused and/or neglected and what is in their best interests. It is at the adjudicatory hearing tRevisiting the Question of Whether Young Children in Child Protec
hat a full evidentiary proceeding occurs and a decision as to whether the children were abused and/or neglected is made. In other words, findings are Loyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protec abuse and/or neglect have been met. If a finding of child abuse and/or neglect is made at the adjudicatory hearing, the case proceeds to a disposition hearing. At times, the adjudicatory and disposition hearings may be held simultaneously, or at least on the same day. A disposition hearing IS the p Revisiting the Question of Whether Young Children in Child Protecart of the proceeding where the court renders decisions as to where the children should be placed and what services are needed by the family. These deRevisiting the Question of Whether Young Children in Child Protec
cisions arc made in accordance with the children’s best interests. See Karen AILEEN Howze, Making Differences Work: Cultural Context in abuse and NEGLLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Proteche short- and long-term goals for the children and the family. All of these plans and orders arc then periodically reviewed by the court. See id. Such review hearings are mandated by federal law and must occur no less than once every twelve months. See 45 C.F.R. § 1356.2 l(b)(2Xi) (2000); 45 C.F.R. Revisiting the Question of Whether Young Children in Child Protec§ 1355.20 (2000). As the proceeding progresses, the court must address and focus on issues concerning the children’s need for permanency. See HOWZE, sRevisiting the Question of Whether Young Children in Child Protec
upra, at 38-39.3.42 U.S.C.A. § 5106(aX2)(A)(ix) (West Supp. 2000). The initial objectives of CAPTA were to provide federal financial assistance for thLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protecr for Child Abuse and Neglect, s. REP. No. 104-117, at 4 (1995). reprinted in 1996 U.S.C.C.A.N. 3490. 3493. Three states, California, Indiana, and Pennsylvania, do not receive CAPTA funds because these states allow the child to be represented by the same attorney who represents the child welfare age Revisiting the Question of Whether Young Children in Child Protecncy. See Jennifer Walter, Averting Revictimizalion of Children. I J. Ctr. For children & COURTS 45, 47, 59 nn.26-27 (1999)4.A Court Appointed SpecialRevisiting the Question of Whether Young Children in Child Protec
Advocate (“CASA”) is a volunteer lay advocate who has received specialized training and made certain time commitments. For a more in-depth analysis ofLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protec Voice in Court. 29 Creighton L. REV. 1467 (1996), and Rebecca H. Heartz, Guardians Ad Litem in Child Abuse and Neglect Proceedings: Clarifying the Roles to Improve Effectiveness, 27 Fam. L.Q. 327 (1993). See also infra notes 72-74, 322-38 and accompanying text (discussing the role of CASA volunteer Revisiting the Question of Whether Young Children in Child Protecs).5.CAPTA Amendments of 1996, Sec. 107, § IO7(b)(2)(A)(ix)(I)-(n). Pub. L. No. 104-235, 110 Stat. 3063, 3073-74 (1996) (codified as amended at 42 U.SRevisiting the Question of Whether Young Children in Child Protec
.C.A. § 5l06a(bX2)(AXixXl)-(iI)2000] Young Children in Child Protection Proceedings3guidance was or has been given as to the role of the GAL or the puLoyola University Chicago Law JournalVolume32.... ,Issue 1 Pali 2000 Article 22000Revisiting the Question of whether Young Children in Child Protectio Revisiting the Question of Whether Young Children in Child Protecion (“ABA”), have attempted to provide some guidance for child advocates struggling to provide ethical and quality representation to their child clients. For example, in 1983, as part of its efforts to develop model ethical rules, the ABA created Model Rule 1.14.7 Additionally, during this time, a g Revisiting the Question of Whether Young Children in Child Protecrowing number of scholars have examined and debated the question of what is the appropriate role for the child’s representative, particularly the roleRevisiting the Question of Whether Young Children in Child Protec
of an attorney.8 Most recently, several(West Supp. 2000)).6.The corresponding regulations, both past and current, provide little additional guidanceGọi ngay
Chat zalo
Facebook