skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 152280 Find in a Library
Title: Independent Counsel for Children
Journal: Family Law Quarterly  Volume:27  Issue:3  Dated:(Fall 1993)  Pages:349-364
Author(s): S L Wilber
Date Published: 1993
Page Count: 16
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: In arguing for the appointment of separate counsel for children in any proceeding that affects their custody, placement, or treatment, this article focuses on the extent to which the attorney should be directed by the client's wishes.
Abstract: Increasing numbers of decisions about the treatment, placement, and custody of children are being committed to the courts. Protection of the interests of the involved children must be the paramount concern in such proceedings. Because their interests are unique, children need vigorous, independent representation by an attorney. Whether the child is mature or very young, articulate or incompetent, the attorney should function as the child's spokesperson. Attorneys should not accept appointments in which they are expected to advance their own idea of the child's best interests. Such an approach skews the adversarial process and compromises the attorney's ability to serve the client. Only when the child is unable to articulate a reasoned preference should the attorney substitute a judgment for that of the client. The attorney should then advocate the position which she/he determines the client would take if the client were able to direct the litigation. 43 footnotes
Main Term(s): Juvenile due process
Index Term(s): Child custody; Child placement services; Family courts; Right to counsel; Rights of minors
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=152280

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.