Representing Children in Families

The recommendations in this part affirm and build upon the Fordham Recommendations regarding the role of counsel for the child, including the fundamental principle of client-directed representation for child clients. This part addresses additional prescriptions, methods and strategies to achieve child-directed and child-centered representation while accounting for the significant role of families in children’s lives. Many of the recommendations in Part I of these Recommendations regarding the scope of representation, role of the child’s family and community, the approach of the attorney, and enhancing child participation are directly related to the nature and quality of the attorney- client relationship. These recommendations expressly reject the notion that there should be a bright line rule based on age or any other generic factor demarking when a child’s lawyer should treat the child as a traditional client or as an incapacitated client.