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Full-Text Articles in Law

Using Screening And Assessment Evidence Of Trauma In Child Welfare Cases, Frank E. Vandervort May 2015

Using Screening And Assessment Evidence Of Trauma In Child Welfare Cases, Frank E. Vandervort

Articles

If you are a child welfare lawyer representing children, parents, or the child welfare agency, understanding how traumatic experiences may impact your clients will help you frame your advocacy. Understanding children and their parents’ histories of exposure to potentially traumatic life events and how those events have impacted the client’s functioning—in school, in interactions with other people, and as parents—can be critical to framing your approach in the case. Evidence of the client’s trauma history and any compromised functioning that may have resulted from that trauma is critical to integrate into your advocacy.


The Impact Of Traumatic Stress And Alcohol Exposure On Youth: Implications For Lawyers, Judges, And Courts, Frank E. Vandervort Jan 2008

The Impact Of Traumatic Stress And Alcohol Exposure On Youth: Implications For Lawyers, Judges, And Courts, Frank E. Vandervort

Articles

Since its inception in the late nineteenth century, the juvenile court has been concerned with the legal problems of children and their families. From the court’s earliest days, it has sought to address child abuse and neglect and juvenile delinquency as social problems that result from familial and community breakdown. Over the decades, researchers from various disciplines have provided varying explanations of how and why family systems break down, why some parents fail to nurture their children, why some physically or sexually abuse their children, and why some children become delinquent.


Two Distinct Roles/Bright Line Test, Donald N. Duquette Jan 2006

Two Distinct Roles/Bright Line Test, Donald N. Duquette

Articles

It is a mistake to try to develop a single lawyer role for children in child welfare cases which tries to accommodate their developing capacities from infants to articulate teens. The older child needs a traditional attorney; the youngest child, incapable of directing counsel, needs a substitute to define and advocate for his or her best interests. We should adopt different standards for the different advocate roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. A better approach towards recognizing and accommodating the child's developing cognitive abilities and judgment …


Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette Jan 2000

Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette

Articles

The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …