CROSSOVER KIDS |
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Authors: | Katharine W. Scrivner |
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Affiliation: | Katharine W. Scrivner is a J.D. candidate 2002, University of Wisconsin-Madison Law School: B.A. Economics 1996, Kenyon College. She would like to thank her husband Scott and her family for their unwavering support and encouragement of her decision to pursue a career in children's law. |
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Abstract: | This article considers the plight of the child found both abused and delinquent in the American legal system. Discussed in detail are the difficulties attorneys representing these children face, including ethical issues of confidentiality and attorney-client privilege, maintaining a permanent placement for an abused child found delinquent and the paramount importance of determining appropriate jurisdiction. These difficulties are presented through interviews with three children's attorneys who represent abused children and/or delinquent children in Wisconsin, Maryland and Pennsylvania. The article finds that the needs of abused delinquents are not being adequately addressed for a number of reasons. Lack of communication between the two systems and lack of statutory guidelines are both considered and improvements for these issues suggested. Although not directly addressed, the question of whether there is a causal connection between abuse and delinquency is considered in analyzing the techniques and theories of the three interviewed attorneys. |
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