ADVOCATE FOR THE ABUSED CHILD (FROM ABUSED CHILD - A MULTIDISCIPLINARY APPROACH TO DEVELOPMENTAL ISSUES AND TREATMENT 1976, BY HAROLD P. MARTIN - SEE NCJ-41788)

• NCJ Number: 41791
• Author(s): B FRASER; H P MARTIN
• Date Published: 1976
• Length: 14 pages
• Corporate Author: Ballinger Publishing Co
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE NEED FOR INDEPENDENT REPRESENTATION OF ABUSED CHILDREN, DIFFERENT FORMS OF ADVOCACY, AND HOW TO BEST PROVIDE ADVOCACY ARE EXAMINED.

Abstract

CHILD ABUSE CASES MAY BE BROKEN DOWN INTO THREE BROAD CHRONOLOGICAL STEPS: IDENTIFICATION; INVESTIGATION; AND INTERVENTION. CHILD ADVOCACY OR INDEPENDENT REPRESENTATION IS A NECESSARY ELEMENT AT ALL THREE STAGES. THE SIMPLEST FORM OF CHILD ADVOCACY IN CASES OF CHILD ABUSE IS THE ABILITY TO IDENTIFY THE SYMPTOMS OF ABUSE, NEGLECT, OR DEPRIVATION AND A WILLINGNESS TO REPORT THE CASE TO THE APPROPRIATE STATE AGENCY (EVERY STATE HAS ADOPTED SOME FORM OF MANDATORY REPORTING BY STATUTE. THE SECOND FORM OF ADVOCACY INVOLVES THE ABILITY TO IDENTIFY SPECIFIC PHYSICAL, PSYCHOLOGICAL, AND DEVELOPMENTAL PROBLEMS; INDIVIDUAL ADVOCATES AT THIS STAGE ARE USUALLY CONCERNED WITH INVESTIGATING REPORTED CASES AND ARE EXPECTED TO ARRANGE FOR SOME KIND OF INTERVENTION AND TREATMENT TO ADDRESS ANY PROBLEMS UNCOVERED. MORE FORMAL AND STRUCTURED FORMS OF ADVOCACY INCLUDE THE MULTIDISCIPLINARY CHILD PROTECTION TEAM, WHICH EVALUATES ALL REPORTED CASES OF CHILD ABUSE, AND THE GUARDIAN AD LITEM, WHO REPRESENTS THE CHILD'S INTERESTS IN A COURT OF LAW. THE FIRST STATE TO INCORPORATE THE CHILD PROTECTION TEAM CONCEPT INTO A STATUTORY FRAMEWORK WAS COLORADO; SINCE 1975, EVERY COLORADO COUNTY WHICH RECEIVES 50 OR MORE REPORTS OF CHILD ABUSE PER YEAR IS REQUIRED TO CREATE SUCH A TEAM. AN IDEAL TEAM WOULD INCLUDE AT LEAST ONE REPRESENTATIVE FROM THE DEPARTMENT OF SOCIAL SERVICES, A MEMBER OF THE LOCAL LAW ENFORCEMENT AGENCY, A PHYSICIAN, A PSYCHIATRIST, A LAWYER, AND A REPRESENTATIVE OF THE LOCAL COURT WITH JUVENILE JURISDICTION. THE GUARDIAN AD LITEM, AS A SPECIAL GUARDIAN, IS NEITHER AN ADVOCATE FOR THE PETITIONER (USUALLY THE DEPARTMENT OF SOCIAL SERVICES) NOR FOR THE RESPONDENT, ALTHOUGH ONE OR BOTH OF THESE ROLES MAY BE ASSUMED BY THE GUARDIAN AS THE PROCEEDINGS GO FORWARD. THE GUARDIAN AD LITEM IS AN 'AMICUS CURIAE' (A FRIEND OF THE COURT) AND IS ULTIMATELY RESPONSIBLE TO THE COURT WHICH APPOINTS HIM OR HER. THE AUTHORS FEEL THAT A GUARDIAN AD LITEM SHOULD BE APPOINTED TO REPRESENT EVERY ABUSED CHILD IN THOSE CASES WHICH PROCEED INTO JUVENILE COURT AND SHOULD BE PRESENT AT EVERY PROCEEDNG IN WHICH THE CHILD'S INTERESTS MAY BE ADVERSELY AFFECTED. THE GUARDIAN AD LITEM SHOULD HAVE THE OPTION OF CONSULTING WITH OTHERS (E.G., THE CHILD PROTECTION TEAM OR OTHER PROFESSIONALS) WHO HAVE RELEVANT EXPERTISE. (DAS)