Expressed Interest Representation
Statement prepared by Advocates for Children's Services
One issue that distinguishes Advocates for Children's Services (ACS) from
other child advocates is its commitment to "Expressed Interest Representation"
of children.
"Expressed interest representation" suggests that the attorney owes the same
duties of loyalty, confidentiality, and competent representation to the child
client as is due an adult client. In the event that the attorney disagrees
with the expressed interests of his/her child client, he/she may (as with any
adult client) counsel the client against a particular action. However, it
is his/her ultimate responsibility (affirmed by two different U.S. Supreme Court
decisions) to represent what the child says he/she wants, exclusive of anyone
else’s opinion. ACS is committed to the "expressed interest representation" of
the child.
[see the "United
Nations on the Rights of the Child" below.]
"Best interest representation" occurs when the attorney (independent of the
child) determines what would be best for the child, relative to the matter at
hand. The attorney may consult any number of parties (biological/foster parents,
school, mental health providers, etc.) to determine what, in his/her (the
attorney’s) opinion would be best for the child. The attorney may ask the child,
as well, but he is not required to do so; nor is he/she bound to the child’s
preferences in any way. In the "best interest representation" scenario, the
attorney substitutes his/her opinion for that of the minor client. Despite
the fact that the law makes no theoretical distinction between children and
adults (save one common law principle that is intended to protect children from
being taken advantage of), the practical standard for representation of children
has long been "best interest representation."
United Nations Convention
on the Rights of the Child
Regrettably, the United States is the only industrial nation that has not
ratified the "United Nations Convention on the Rights of the Child" since it was
adopted by the United Nations General Assembly on November 20, 1989.
Children’s rights are outlined in the "United Nations Convention on the Rights
of the Child":
The children of the world have the right to:
-
Health care, nutrition, clothing, housing, as part of a standard
of
living adequate for physical, mental, spiritual, moral, and
social
development, with parents primarily responsible and the
state assisting only
as necessary
-
Education, including preparation for responsible life in a
free society
-
Protection against discrimination on the basis of race, sex,
religion,
etc
protection against abuse, neglect, or injury
a name,
nationality, and family relations without unlawful interference
-
Express their views in matters affecting them
-
Have their best interest be a primary consideration in all
proceedings
concerning them
-
Be protected from economic exploitation or hazardous work
-
Be protected against torture or other cruel, inhuman, or
degrading
treatment
-
Thought, conscience, religion, and freedom of expression--with
parental
direction and guidance appropriate for the child’s
evolving capacities
ADVOCATES for CHILDREN'S SERVICES
Fighting for the Rights of Children:
Health Care * Education * Safe & Permanent Families
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order to ensure equal access to justice and to remove legal barriers
to economic opportunity.