NCJ Number
129346
Journal
Clearinghouse Review Volume: 24 Issue: 5 Dated: special issue (1990) Pages: 467-471
Date Published
1990
Length
5 pages
Annotation
This article argues that parental rights in child protection proceedings can be safeguarded without jeopardizing the well-being of maltreated children and that society benefits when court intervention is limited to situations of real danger to children.
Abstract
The legal representation parents receive in child protection cases often leaves much to be desired. Parental representation is often limited to the assertion of constitutional or procedural rights. Motions to dismiss are made on the basis of inadequate notice, vague statutes, and improper standards of proof. In addition, motions are made to suppress evidence allegedly obtained in violation of parents' privilege against self-incrimination and protection against unreasonable search and seizure. Such motions usually fail, and many defense attorneys act as if there is nothing else they can do to protect parents' interests. In some cases, court action may not be necessary to protect the child. Effective defense advocacy may convince decisionmakers, child protective workers, prosecutors or agency attorneys, and judges that the child has not been maltreated or that the child does not need society's protection. Parents have a fundamental right to contest any State intrusion into private family matters, although laws against child abuse implicitly recognize that family privacy must give way to the need to protect helpless children. In seeking to protect children, however, it is easy to ignore the legitimate rights of parents. Effective defense advocacy for parents that challenges the status quo may ultimately serve to upgrade services for both children and parents. 28 endnotes and 1 table