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Follow-up Report on Law Guardians in New York State: A Study of the Legal Representation of Children in 1987

NCJ Number
117607
Date Published
1988
Length
64 pages
Annotation
Site visits, interviews, and document reviews formed the basis of a 1987 review of the New York State Law Guardian Program, which had been the subject of a 1984 report released by the New York State Bar Association in 1984 and titled 'Law Guardians in New York State: A Study of the Legal Representation of Children.'
Abstract
The 1987 followup study found that some improvements have occurred in response to the 1984 study. Other changes have occurred that do not seem to have resulted from the 1984 study. However, the program still has several deficiencies. A program management presence is lacking in the counties. In addition, law guardians, judges, and other officials are confused about the role of the law guardian in family court proceedings. Furthermore, staff support, training, supervision, and other program elements are inadequate. Uniform statewide guidelines are needed, as are monitoring, a statewide minimum training curriculum, support services, and other changes to improve the quality of representation. In addition, the Family Court Act and the court rules should be amended to include a clear mandate specifying the duties accompanying the power to establish and maintain a system to provide law guardians for minors in family court proceedings. If the judiciary is unwilling to be held accountable for the quality of the program that responsibility should be assigned to the executive branch to establish a new agency to deliver law guardian services. Tables and appended forms.