NCJ Number
146050
Date Published
1990
Length
354 pages
Annotation
Directed to attorneys who represent children, this volume provides a step-by-step approach to representing children and analyzing and advocating for the rights of children in civil cases.
Abstract
The book begins with a discussion of the different types of children and the duties related to each type. Included are guardians ad litem, attorneys for the guardian ad litem, and attorneys for the child. Guidance is also offered on common ethical and malpractice issues, as well as on the differences between the child's best interests and the child's expressed wishes and what to do when these conflict. The text also examines issues the attorney should consider when preparing and trying a case. It explains how to determine the needs unique to each child and situation; how to communicate effectively with children; how to conduct discovery; factors to consider when evaluating visitation, relocation, or out-of-home placement options; and how to negotiate with parents and their lawyers. Further sections provide instructions for organizing the case, preparing witnesses, deciding whether to call the child as a witness, preparing the child to testify, protecting the child during cross-examination, and cross-examining opposing witnesses. The text also discusses current knowledge regarding the memory and credibility of child witnesses, the relationship between custody and visitation options and different stages of child development, and the varied forms of child abuse and neglect. Permanency planning is also examined with respect to different adoption options and how to monitor agency efforts. Sample forms; checklists; table of more than 250 cases and more than 400 State laws from all 50 States; appended selected State statutes and guidelines regarding the duties of the child's attorney and the guardian ad litem, including guidelines for use in criminal court; and 196 references