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: 62883 Find in a Library
Title: RIGHT OF AN ABUSED CHILD TO INDEPENDENT COUNSEL AND THE ROLE OF THE CHILD ADVOCATE IN CHILD ABUSE CASES
Journal: VILLANOVA LAW REVIEW  Volume:23  Issue:3  Dated:(MARCH 1978)  Pages:521-546
Author(s): J R REDEKER
Corporate Author: Villanova University
School of Law
United States of America
Date Published: 1978
Page Count: 26
Sponsoring Agency: Villanova University
Villanova, PA 19085
Format: Article
Language: English
Country: United States of America
Annotation: THE RIGHT TO INDEPENDENT COUNSEL FOR A CHILD SUSPECTED OF HAVING BEEN ABUSED IS EXAMINED, UNDER THE CHILD PROTECTIVE SERVICES LAW OF PENNSYLVANIA, ALONG WITH RELATED ISSUES.
Abstract: THE ISSUES OF WHETHER A CHILD WHO IS THE SUBJECT OF A REPORT OF SUSPECTED ABUSE MUST BE PROVIDED INDEPENDENT COUNSEL AND, IF SO, AT WHAT POINT IN THE PROCEDURE COUNSEL MUST BE PROVIDED HAVE NOT BEEN SQUARELY MET BY ANY COURT IN PENNSYLVANIA. NEVERTHELESS, VARIOUS RECENT PENNSYLVANIA COURT DECISIONS IN RELATED AREAS, THE UNMISTAKABLE TREND OF FEDERAL AND STATE COURT DECISIONS IN OTHER JURISDICTIONS, AND THE APPARENT INTENT OF THE PENNSYLVANIA LEGISLATURE IN THE CONSTRUCTION OF THE CHILD PROTECTIVE SERVICES LAW LEAVE LITTLE DOUBT THAT AN ABUSED CHILD IN PENNSYLVANIA HAS A RIGHT TO BE REPRESENTED BY INDEPENDENT COUNSEL. THE TIME WHEN THAT RIGHT ATTACHES, HOWEVER, REMAINS UNCLEAR. CHILDREN SUSPECTED OF BEING ABUSED SHOULD BE REPRESENTED BY COUNSEL AT THE EARLIEST FEASIBLE STAGE IN THE PROCEEDING, CERTAINLY BY THE TIME THE CHILD PROTECTIVE SERVICE DETERMINES THAT A REPORT OF SUSPECTED ABUSE IS 'INDICATED.' THE GUARDIAN AD LITEM SYSTEM ESTABLISHED BY LAW IS INADEQUATE, BECAUSE THE GUARDIAN AD LITEM IS NOT CHARGED WITH THE REPRESENTATION OF THE CHILD, BUT WITH THE REPRESENTATION OF THE CHILD'S 'BEST INTERESTS.' CONSEQUENTLY, THE GUARDIAN MAY SIMPLY ACT AS AN EXTENSION OF THE STATE IN ITS CAPACITY AS GUARDIAN OF THE CHILD UNDER THE DOCTRINE OF PARENS PATRIAE. THE SYSTEM FOR PROVIDING INDEPENDENT COUNSEL FOR THE CHILD SHOULD BE MONITORED TO ENSURE THAT COUNSEL IS ABLE TO GIVE A MINIMUM OF 15 TO 20 HOURS FOR AN AVERAGE CASE, AND THAT COUNSEL IS ABLE TO SECURE ADEQUATE SOCIAL AND MEDICAL EXPERTISE THROUGH COURT-ORDERED EXAMINATIONS. ATTORNEYS FOR ABUSED CHILDREN SHOULD ALSO BE ADEQUATELY TRAINED IN THE PECULIARITIES AND SUBTLETIES OF CHILD ADVOCACY PRIOR TO APPOINTMENT. FOOTNOTES ARE PROVIDED. (RCB)
Index Term(s): Child abuse; Child abuse and neglect hearings; Judicial decisions; Laws and Statutes; Right to counsel; Rights of minors
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62883

*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.