Legal Representation for Parents and Children in Child Protection Proceedings: Two Empirical Models of Acquisitorial Processes and a Proposal for Reform

89 Dickinson Law Review 605 (1985)

41 Pages Posted: 18 Dec 2012

See all articles by Robert F. Kelly

Robert F. Kelly

Le Moyne College

Sarah H. Ramsey

Syracuse University - College of Law

Date Written: 1985

Abstract

This article proposes a method for improving the quality of representation for children. The means for doing so is based on an analysis of the differences between representation provided to parents and representation provided to children. The article addresses two questions. First, how can the processes by which parents and children acquire legal representation in protection proceedings be characterized? Second, do the methods by which representation is acquired influence the quality of the legal representation that parents and children receive? These questions of acquisition and quality can be reframed in broader policy terms as issues of program implementation and benefit. With regard to implementation, two models of legal service acquisition most relevant to parents and children in protection proceedings are a market model for parents and a therapeutic model for children. Using empirical data from a study of representation in North Carolina, the article examines the characteristics of the market model that resulted in the representation that parents received being more beneficial than the children's representation. The article concludes with a consideration of the policy implications of these findings.

Keywords: representation of children, child protection, attorney roles, representation of parents

Suggested Citation

Kelly, Robert F. and Ramsey, Sarah H., Legal Representation for Parents and Children in Child Protection Proceedings: Two Empirical Models of Acquisitorial Processes and a Proposal for Reform (1985). 89 Dickinson Law Review 605 (1985), Available at SSRN: https://ssrn.com/abstract=2190495

Robert F. Kelly

Le Moyne College ( email )

Syracuse, NY 13214
United States
315-445-4100 (Phone)

Sarah H. Ramsey (Contact Author)

Syracuse University - College of Law ( email )

Syracuse, NY 13244-1030
United States
410-226-5345 (Phone)

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