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Thursday, February 26, 2004

Child Law 

One of the reasons I chose to do my clinical work at the Children’s Law Center of Massachusetts this semester was to get a better idea of what the area of children’s law is. Obviously, this seemed like a good place to do it. Going in, though, I must admit that I wasn’t really sure what kind of work I’d be doing. I had a hunch that it would be “noble” work, as everyone wants to protect children, but when it comes down to the nitty-gritty of it, I didn’t know what that entailed. I did suspect, however, that it would mainly entail helping children out of ugly situations—abuse, abandonment, etc. And I wasn’t sure that was going to be an enjoyable experience dealing with situations like that.

The highlights of these past two weeks have been the three client interviews I have had. More than anything else I’ve done, so far, these client interviews have helped me get a better idea of what child law is, and the vast range of issues it encompasses. I’ll try to preserve client confidentiality, but there are some things I feel like I should point out that I learned.

Mike James, my supervising attorney, took me to a youth detention center in Roxbury where he had two clients. These were both teenage boys who were being detained because of criminal charges. When I first arrived, Mike told me that one of the main areas of his practice is juvenile delinquency (essentially criminal defense work where the criminal is under 18), and I must admit I felt a little uncomfortable with that. I’m one of those people who’s still a little squeamish about the idea of possibly “defending the guilty.” Of course, I don’t know all the details about these clients’ stories, so I can’t even say for sure if they are guilty of what they’re accused of, but I do know that I feel a little better about helping them.

One of the clients had a bunch of new charges that he was unaware of, so we explained them to him. We got his side of the story, and gathered some facts from him that helped us (even me!) easily conclude that his Miranda rights had been violated when he was arrested, and there was quite a bit of excludable evidence. I think it was most important for me to actually meet him. I don’t hang around with people like him, and it was good for me to realize that he was a likable person who was scared about what was going to happen to him.

A week later, after he plea-bargained his way into probation, Mike asked me to spearhead what he calls the “follow-up.” With a normal criminal client, you would pretty much just move on after the judge has ruled on your case. But with juvenile clients, the attorney has a role much like that of a social worker, in following up and making sure that the kid’s going to be in a place and under appropriate restraints that will help him improve and become a law-abiding adult. For example, we need to make sure that he's in a situation where he can progress in school. Because I had met this kid, I feel a lot of responsibility and anxiousness in making sure he’s taken care of. Because he has a face to me, I care about him, and I am excited to help him out, despite the bad things he’s alleged to have done.

The other client visit was completely different. I met “Jane,” a three-year old girl whose right leg and hip haven’t developed completely, and who thus gets around in a tiny wheelchair. Although meeting and talking with the delinquent clients made me care about their cases, it’s impossible to meet “Jane” and not love her immediately. “Jane” was the subject of a Department of Social Services emergency care and protection custody case. Her mother apparently has a lot of mental problems, and DSS took custody of her for a while. The morning of the visit, the final ruling was made that “Jane’s” father would have permanent legal and physical custody of her, so we went to visit them at his home and make sure everything was all right.

The fact that we went at all again underscored the additional duty of juvenile lawyers to take care of their clients. On the way there, I asked Mike, “What are we looking for in this visit?” and he said, “Nothing. Just to make sure her situation is good.” And that’s what we did. We walked away satisfied that she was in a good situation with her father and grandfather taking care of her. She was happy and friendly, and she even remembered my name. She’s a far cry from the delinquency clients I’d visited earlier, but the purpose of our representation was the same: As an attorney for a child, you do more than just see to it that they get the full benefits of the law; you see to it that they are taken care of and happy. And some of that is going to involve things they don’t teach in law school.


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