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30 Rutgers L. Rec. 1 (2006-2007)

handle is hein.journals/rutglr30 and id is 1 raw text is: 









Working in the Best Interest of Children: Facilitating the
Collaboration of Lawyers and Social Workers in Abuse and
Neglect   Cases

Mary   Kay  Kisthardt


Introduction


Working in the best interest of children in abuse and neglect cases is a daunting task for

both lawyers and social workers. The legal system is inadequate to meet the myriad

needs of children and families in crisis. Yet only under the authority of the legal system

can social work and other mental health professions intervene in families on behalf of

children.' Collaboration is critical,2 but collaboration does not come easily. The juvenile

court system is one that has been buffeted historically by the competing values and

methods of social work and law. The institution and its rules are still evolving today,

sometimes quite dramatically. This dynamic environment means that even if


  Professor of Law, University of Missouri- Kansas City. I am indebted to my colleagues
Barbara Glesner Fines and Nancy Levit for their review and helpful comments and most
especially to my professional and personal partner, Dr. Wally Kisthardt without whose
constant encouragement and support none of this work would have been possible.
1 Robert Madden, Legal Content in Social Work Education: Preparing Students for
Interprofessional Practice, in LAw & SOCIAL WORK PRACTICE 333-345 (Raymond Albert
ed., 2000) (Social services, consequently have become increasingly cast in legal terms,
thus blurring the distinction between legal rights and service delivery.).
2 Phyllida Parsloe, The Interface of Law and Social Work, 4 CONTEMP. Soc. WORK ED.
183 (1981). (If the needs of clients are to be met and their rights are to be recognized, the
development of greater cooperation and shared work between lawyers and social workers
is required.).
H.  Ted Rubin, The Nature of the Court Today, 6:3 THE FUTURE OF CHILDREN 40, 41
(1996). (The juvenile court has long been more than a court. Its judges have always
known  that the involvement of probation officers, social workers, educators, mental


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