NCJ Number
66933
Journal
Chicago-Kent Law Review Volume: 54 Dated: (1978) Pages: 773-783
Date Published
1978
Length
11 pages
Annotation
FOCUSING ON THE STRAINS AND CONFLICTS THAT ARISE WITHIN EACH SETTING, THIS ANALYSIS OF A LAWYER'S ROLE ON A CHILD ABUSE TEAM EXAMINES THE LAWYER'S IMPACT ON THE TEAM, THE HOSPITAL, THE COURT, AND THE COMMUNITY.
Abstract
A COMMON DISCUSSION BETWEEN THE LAWYER AND TEAM MEMBERS IS THE APPROPRIATENESS OF COURT ACTION IN CHILD ABUSE CASES WITH THE LAWYER BEING MORE RELUCTANT TO INVOLVE THE JUDICIARY. THIS RELUCTANCE IS DUE TO THE LAWYER'S CONSERVATIVE TRAINING, HIS KNOWLEDGE OF THE NEGATIVE ASPECTS OF COURT ACTION FOR BOTH PARENTS AND CHILD, AND THE FACT THAT CHILD ABUSE IS DIFFICULT TO PROVE IN COURT. OFTEN HIS RELUCTANCE INCREASES TEAM DIVISION AND MAY CAUSE OSTRACISM. THE ATTORNEY'S PRIMARY ROLE IN THE HOSPITAL IS TO INFORM THE STAFF OF ITS LEGAL OBLIGATIONS, YET THE HOSPITAL STAFF IS AMBIVALENT ABOUT LAWYERS AND THE LAW. THE HOSPITAL WANTS TO AVOID SUIT AND FULFILL THE EXPECTATIONS OF COURTS AND LEGISLATURES, YET IT HAS A DIFFERENT PERSPECTIVE ON ISSUES AND FEELS THAT PHYSICIANS, NOT LAWYERS, SHOULD MAKE WHAT ARE SEEN AS MEDICAL JUDGMENTS ABOUT PATIENT CARE AND TREATMENT. THE LAWYER MUST INSURE THAT ABUSE AND NEGLECT CASES ARE PROCESSED ACCORDING TO ALL LEGAL REQUIREMENTS. ANOTHER ASPECT OF THE LAWYER'S ROLE ON THE TRAUMA TEAM IS TO PROD GOVERNMENTAL BUREAUCRACIES INTO ACTION AND TO LOBBY FOR INCREASED APPROPRIATIONS FOR CHILDREN'S SERVICES. THE LAWYER'S ROLE ON THE TEAM IS MULTIDIMENSIONAL, AND EMOTIONALLY DRAINING, YET BY RESPECTING DIFFERENT PROFESSIONAL VIEWS AND BY SHOWING THE ABILITY OF THE LAW TO PROMOTE CHILD PROTECTION, THE ABUSE LAWYER CAN CONTRIBUTE TO THE EFFECTIVE AND HUMANE CASE MANAGEMENT OF CHILD ABUSE. (MJW)