Representing Children in Families

Children’s legal representation is a specialized field because it involves clients with a wide range of developmental abilities that in most cases will change over time and because there are special procedural rules, courts, and substantive laws that apply to many child-related matters. In addition, children receiving legal representation are most frequently involved in disputes involving public agencies and courts, such as those addressing criminal justice, child welfare and domestic violence, and are more likely to be poor and of color. Attorneys who represent children must, therefore, possess a wide range of social and legal competencies, in addition to general competencies needed for ethical representation of any client. Similarly, parents’ attorneys and juvenile and family court judges must possess a range of social and legal competencies in addition to the law governing the particular cause of action at issue. The recommendations in this part apply to children's attorneys and extend to other legal professionals, legal education and to the children's justice system.