NCJ Number
188892
Journal
Journal of the Center for Children and the Courts Volume: 1 Dated: 1999 Pages: 45-62
Date Published
1999
Length
18 pages
Annotation
This paper argues for and suggests practical steps for ensuring that States provide independent counsel for children in dependency cases.
Abstract
The first section of the paper explores why children in abuse and neglect proceedings in California do not have an automatic right to independent counsel in all cases and provides support for instituting that right by tracing the historical and political changes behind it. This section develops the argument that States have an obligation to minimally protect children by appointing independent counsel who are both adequately funded and trained. The second section of the paper illustrates how, despite the good intentions of all the participants in the court system, some children are inadvertently harmed by the very system established to protect them. The last section explains both why and how the key stakeholders can correct this injustice. The paper concludes by recommending practical steps for key stakeholders to take to redress this wrong. Among the recommendations are that States pass legislation to provide for mandatory appointment of independent counsel for all children in the dependency system and that the State assume the leadership in obtaining adequate funding for children and families in juvenile court, including the allocation of funds to compensate court-appointed counsel. 123 notes