Lawyers Preventing Child Abuse

By: Lila Bradley, Director of Children's Law Programs, AVLF

April is National Child Abuse Prevention Month. AVLF’s volunteer lawyers have a unique opportunity to prevent child abuse when they represent children and children’s best interests in the Fulton County Courts. Families who are involved in our court systems are often there because they have abused or neglected a child. Families who are engaged in high conflict family disputes are often at risk of child abuse and neglect. When children and children’s interests are well-represented, the legal system can take the protective measures necessary to protect the children.

AVLF’s volunteer lawyers act as Guardians ad Litem in the Family Division of Fulton County Superior Court. Volunteer GALs are charged with representing the best interests of children whose parents or other caregivers are engaged in contested custody disputes. The GAL acts as the officer of the court to investigate and make recommendations that will keep a child safe and well. In one tragic case last year, an AVLF volunteer GAL became so concerned by the erratic and disturbing behaviors of the children’s father that she asked the court to order that the father no longer be allowed to spend unsupervised time with the children in the father’s home. Several months after the court entered the order requested by the GAL, the father was violently murdered in his home. Thankfully, the children were not in the father’s home, because the court had issued the protective order requested by the GAL. In another case, an AVLF volunteer GAL recommended that the court grant custody of a young girl to her father, because the girl’s mother was refusing to protect the girl from sexual abuse by a family member. The girl needed the advocacy of the GAL to help the court recognize that the mother was placing the child at risk of serious abuse. Empowered by the advocacy of the GAL, the girl took the next step of agreeing to testify against the abuser. Thankfully, most child custody cases do not involve child abuse. For those cases that do involve a child at risk, however, an AVLF volunteer GAL can provide invaluable protection for the child.

On a more positive note, lawyers representing children’s best interests can help to prevent child abuse by recognizing the risk factors and then urging—or asking the court to order—the parents to seek help. Parents who were raised with abuse or neglect often do not understand how to care for their own children or they may have unrealistic expectations for their child’s behavior and abilities. GALs frequently suggest that parents take parenting classes, and a parent’s willingness to work towards improving their parenting skills can be a critical factor in a court’s decision on custody and parenting time. Parents who abuse alcohol or drugs are significantly more likely to abuse or neglect a child. A GAL who identifies a potential substance abuse problem can request that parents submit to a professional evaluation, which can lead to a parent recognizing and addressing addiction. GALs often refer parents to counseling to help parents overcome stress and anxiety. In one recent case, family counseling recommended by the GAL helped a depressed mother recognize that she had emotionally disconnected from her children. The troubled mother was neglecting her children’s well-being. After she began to recover from her depression, the mother was able to strengthen her bonds with her children and provide them with the structure and nurture that they so desperately needed from her.

Volunteer lawyers representing children in AVLF’s One Child, One Lawyer Program are assigned to clients who have already been neglected by their parents. AVLF volunteers represent neglected children after Georgia’s Department of Family and Children Services has already intervened into the family due to parental neglect. AVLF and its volunteer lawyers advocate for children whose cases are part of the Fulton County Juvenile Court’s Family Drug Court Program. The parents commit to take affirmative steps to address the underlying cause of the neglect—parental substance abuse. The parent agrees to participate in the Family Drug Court Program, which provides a high degree of accountability and oversight for the parent’s recovery along with a high level of support for the family. AVLF volunteer lawyers advocate for the children’s care and well-being while the parents are striving towards recovery. Through their legal representation, AVLF volunteer lawyers help to ensure that the children receive proper education, medical care, and emotional support during the difficult time in their lives, but perhaps even more important, the volunteer lawyers advocate for the children’s desire to be reunited with safe and stable families. The parents attend drug treatment, and they submit to random and frequent drug screens. The court oversees the parents’ recovery and the care of the children. The children visit with their parents and receive counseling to help them deal with the anguish of being separated from their parents.

The volunteer lawyer helps to assure that the children are returned to their home as soon as the court can be reasonably certain that parent is able to properly care for the child. Recently, an AVLF volunteer lawyer advocated that her young client be returned to the custody of his mother while she was in the last few months of residential drug treatment. The mother had not parented her older children due to her addiction. She was determined to stay clean and parent her youngest child, and with the support of the Family Drug Court Program, she was able to attain stable sobriety for the first time in 20 years. The child’s volunteer lawyer argued that the mother had demonstrated a strong commitment to her child and a commitment to recovery. The mother is now fully employed, living in safe and stable housing, and caring for her child beautifully well.

Lawyers who represent children contribute substantially to the prevention of child abuse in our community. The work of representing a child and advocating for a child’s best interest is not easy work. Volunteer lawyers who step up and accept a child’s case make a tremendous commitment to the child, the court, and the community. The cases take many hours and significant emotional energy. The work is not thankless, however. The judges and the court staff express consistent appreciation for the pro bono efforts of AVLF’s volunteers. More important, however, is the knowledge that we have helped a child.