U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

IN THE BEST INTERESTS OF THE CHILD - SOCIAL WORK IN THE FAMILY COURT

NCJ Number
58350
Author(s)
C LINDNER
Date Published
1978
Length
68 pages
Annotation
THIS MANUAL HAS BEEN DEVELOPED TO ENABLE SOCIAL WORKERS TO FUNCTION EFFECTIVELY WITHIN THE FAMILY COURT SYSTEM WHILE BEST SERVING THE NEEDS OF THEIR CLIENTS IN THE STATE OF NEW YORK.
Abstract
ALTHOUGH THE JUVENILE COURT CONTINUES TO EMPHASIZE REHABILITATION AS OPPOSED TO PUNITIVE DISPOSITIONS, AND ALTHOUGH THE 'BEST INTERESTS OF THE CHILD' CONTINUES AS THE UNDERLYING PHILOSOPHY, IN RECENT YEARS THERE HAS BEEN A DECIDED MOVEMENT TOWARD AN ADVERSARY SYSTEM AS PART OF THE U.S. SUPREME COURT'S MANDATE OF THE EXTENSION OF DUE PROCESS RIGHTS FOR CHILDREN. THIS HAS REQUIRED A MAJOR CHANGE IN THE ROLES OF PARTICIPANTS IN JUVENILE COURT PROCEEDINGS. THE ROLE OF SOCIAL WORKERS HAS BEEN AFFECTED SIGNIFICANTLY BY THE MORE FORMAL AND HIGHLY STRUCTURED LEGAL PROCEEDINGS. SOCIAL WORKERS ARE UNCOMFORTABLE IN COURT SETTINGS AND OFTEN FARE POORLY. SOCIAL WORKERS CAN WORK MORE EFFECTIVELY WITHIN THIS SYSTEM IF THEY UNDERSTAND THE CONFIDENTIALITY ACCORDED TO SUCH CASES, THE IMPACT OF A FAMILY COURT RECORD ON OFFENDERS, THE ROLES OF THE VARIOUS COURT PERSONNEL, AND THE ORGANIZATION OF JUVENILE COURT INTO VARIOUS SPECIALIZED PARTS HANDLING SPECIFIC TYPES OF PROBLEMS SUCH AS CHILD SUPPORT, PATERNITY, ADOPTION, CUSTODY, JUVENILE DELINQUENCY, AND CHILD PROTECTIVE PROCEEDINGS. THE COURT HAS A CLEARLY ESTABLISHED SEQUENCE OF PROCEDURES BEGINNING WITH PROBATION INTAKE WHICH SCREENS CASES BEFORE THEY GO TO COURT AND ATTEMPTS TO RESOLVE APPROPRIATE CASES BEFORE THEY GO TO COURT. ALTHOUGH COURT INTAKE HEARINGS ARE CLOSED TO THE PUBLIC, SOCIAL WORKERS CAN ASK JUDGES TO LET THEM PARTICIPATE IN THESE HEARINGS. FACT-FINDING HEARINGS ARE HELD TO DETERMINE IF THE ALLEGED OFFENSES WERE COMMITTED, AND DISPOSITION HEARINGS ARE THEN HELD TO PASS SENTENCE. APPEALS PROCEDURES ARE PROVIDED FOR IN SUCH CASES. THE COURT CAN DRAW UPON THE SERVICES OF THE PROBATION DEPARTMENT AND SUCH AUXILIARY COURT SERVICES SUCH AS MENTAL HEALTH CLINICS. SINCE SOCIAL WORKERS CAN PLAY A VARIETY OF ROLES, SUCH AS WITNESSES, JUVENILE ADVOCATES, AND PROVIDERS OF SERVICES IN FAMILY COURT PROCEEDINGS, SOCIAL WORKERS MUST BE AWARE OF COURTROOM CONVENTIONS AND DECORUM. A GLOSSARY OF LEGAL TERMS COMMONLY USED IN FAMILY COURT AS WELL AS FOOTNOTES ARE INCLUDED. (KCP)

Downloads

No download available

Availability