NCJ Number
96916
Journal
Vermont Law Review Volume: 6 Issue: 2 Dated: (Fall 1981) Pages: 403-413
Date Published
1981
Length
11 pages
Annotation
Petitioners in child protective proceedings need legal counsel; this attorney's fundamental responsibility is to protect the child within the constraints of fairness and due process even at the risk of conflict with the child protective agency's interests.
Abstract
Until recently, few petitioners in child protective proceedings had legal assistance. However, the expanded participation of counsel for parents has increased formality of juvenile court proceedings and put uncounseled petitioners at a severe disadvantage. Lack of legal assistance for the protective agency does not benefit the parent, since a judge then may perform the function of the absent prosecutor. Even if the judge can maintain an unbiased view of the case, appellate courts have insisted that the judge not be an advocate of either side. The attorneys representing petitioners perform a prosecutor's function in preparing and presenting the child abuse case and using the full force of the State's coercive powers. They should not be outsiders to the court's rehabilitative orientation, but be amenable to an innovative disposition that is in the child's best interests. The civil prosecutors are obligated to see that justice is done. If they determine there is insufficient evidence, they can stop the proceedings. If prosecutors disagree with the agency's decision to dismiss the proceedings, they can require that the proceedings continue. Inevitably, the civil prosecutor's exercise of independent judgment can lead to deep and recurring disagreements with the child protective agency. The article contains 61 footnotes.