This article will attempt a new approach, one based on an analysis of the child's interests in a child protective proceeding. As will be discussed in Part 1, most interests are surprisingly overlooked or barely articulated in the representation debate. Part 2 will summarize the statutes and case law governing the role of the child's counsel in the child protective litigation continuum. The frequently lengthy process may range from initiation by a child protective agency to the achievement of family reunification or other permanency goal. For children, the continuum of sequential proceeding may span years or decades. Finally, Part 3 will outline a possible solution to the present complex, inconsistent, and frequently incoherent paradigm, one grounded upon traditional representation, as applied to the multiple child interests at stake in every child protective case.
Merril Sobie, Representing the Child in Child Protective Proceedings: Toward A New Paradigm, 28 Widener Commonwealth L. Rev. 169 (2019), https://digitalcommons.pace.edu/lawfaculty/1130/