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20 U. Mich. J.L. Reform 341 (1986-1987)
Representation of Children in Child Abuse and Neglect Cases: An Empirical Look at What Constitutes Effective Representation

handle is hein.journals/umijlr20 and id is 351 raw text is: REPRESENTATION OF CHILDREN IN CHILD ABUSE AND NEGLECT CASES: AN EMPIRICAL LOOK AT WHAT CONSTITUTES EFFECTIVE REPRESENTATIONt Donald N. Duquette* and Sarah H. Ramsey** Despite a widespread conviction that children ought to be in- dependently represented in court proceedings in the United States, little consensus exists over what independent representa- tion should encompass. What should be the duties and responsi- bilities of the child advocate in civil protection proceedings? Who should represent the child in such cases? How can effective representation of the child be accomplished? This empirical study sought to address these questions. First, the study concep- tualized a particular role for the child's representative. The study expected representatives to act as aggressive and ambi- tious advocates, to be concerned with a broad range of the child's interests-both legal and nonlegal-and to provide con- tinuous representation throughout the civil protection proceed- t Funding for this study was provided by Grant No. 90-CA-868 from the National Center on Child Abuse and Neglect, Children's Bureau, Administration for Children, Youth and Families, Office of Human Development Services, United States Department of Health and Human Services; by the Cook Research Fund of the University of Michigan Law School; and by the Center for Interdisciplinary Legal Studies, Syracuse University College of Law. The authors wish to thank the many individuals who assisted in this study, especially Judge Thomas L. Gadola and Mr. Gerald Thalhammer of the Genesee County Probate Court. Attorney Patric A. Parker helped train the lay volunteer guardians and ably supervised them throughout the project. Kathleen Colburn Faller, M.S.W., Ph.D., of the University of Michigan School of Social Work, contributed to this project from its beginning by participating in the training of the demonstration groups and assisting in the development of the methodology and the data analysis. The authors also wish to thank Ms. Nancy Mathiowetz, statistical consultant, and Ms. JoAnn Townsend, research assistant. Finally, che authors are very grateful to David M. Chambers and Robert F. Kelly for their many helpful suggestions throughout the study and their comments on drafts of this Article. * Clinical Professor of Law and Director of the Child Advocacy Law Clinic, Univer- sity of Michigan Law School; Codirector, University of Michigan Interdisciplinary Pro- ject on Child Abuse and Neglect. B.A., 1969, Michigan State University; J.D., 1974, Uni- versity of Michigan. ** Professor of Law and Director of the Center for Interdisciplinary Legal Studies, Syracuse University College of Law. B.A., 1965, Duke University; M.A., 1966, J.D., 1973, University of North Carolina at Chapel Hill; LL.M., 1982, University of Michigan.

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