Why a course in child advocacy?

We need committed professionals to understand and change the following, which happen every day in America:

     2 children under 5 are murdered

     6 children and youth under 20 commit suicide

    10 children and youth under 20 are homicide victims

    12 children and youth under 20 die from firearms

    35 children and youth under 20 die from accidents

    77 babies die

   151 babies are born at very low birthweight (less than 3 lbs., 4 oz.)

   218 children are arrested for violent crimes

   399 children are arrested for drug abuse

   406 babies are born to mothers who had late or no prenatal care

   798 babies are born at low birthweight (less than 5 lbs. 8 oz.)

 1,352 babies are born to teen mothers

 1,540 babies are born without health insurance

 2,140 babies are born into poverty

 2,316 babies are born to mothers who are not high school graduates

 2,806 high school students drop out*

 3,445 babies are born to unmarried mothers

 5,044 children are arrested

17,297 students are suspended from school*

^*Based on calculations per school day (180 days of seven hours each). Source: Children's Defense Fund, 2000.

Course Objectives

At the completion of the course students will be able to:

1. Describe legislative, judicial, public health and social policy affecting abused and neglected children.
2. Describe the role of the following professions in the prevention, investigation, and prosecution of child abuse and neglect cases as well as their role in the juvenile court process: medical, legal, law enforcement, social work, public health.
3. Demonstrate an understanding of how federal laws and regulations shape state laws and social services policies.
4. Analyze and evaluate the effectiveness of legal, legislative, and policy measures as a response to child abuse and neglect.

Course Materials

Photocopied materials and classroom handouts.

Course Requirements and Grading

Attendance: As a collective undertaking to learn and teach together, it is essential that everyone attend, prepare in advance for, and actively participate in every Class meeting. In this type of classroom setting, one person's failure to do the reading or to participate in a discussion has a negative impact on everyone's experience. Attendance will be taken at every class meeting.

Classroom Exercises: To further develop students' ability to think critically about issues, there will be some short writing assignments throughout the semester. After each guest speaker, students are required to prepare a 1-2 page (single-spaced) written response to the speaker's presentation. This reaction paper should reflect analysis of the subject matter covered and the viewpoints offered. For example, a student might relate the speaker's comments to the student's interpretation of the readings or a student might make an argument for or against one of the speaker's positions, supported with information from the class and outside readings. The reaction papers are due by 10:00am on the Monday following the speaker's presentation. The papers should be sent as a Microsoft Word attachment to worthing@law.emory.edu. Be aware that email transmissions may be delayed and plan accordingly; "due by 10:00am" means received by 10:00am. If you are experiencing technical difficulties, a hard copy can be delivered to my office by the appropriate time, with an electronic transmission delivered at a later time. Late papers will not be accepted but early ones will be received enthusiastically.

Students will participate in a panel debate during the semester. Half the class will engage in a debate on 9/25/00, on the topic of the pros and cons of AACWA versus ASFA. The other half will engage in a debate on 10/2/00 on the topic of what the state can and should provide for child victims of abuse and neglect versus what children in foster care need and are entitled to. Students will turn in a written 1-2 page position paper outlining their position for the debate. This will be due the class period of the debate. Students will also prepare a 1-2 page reaction paper to the debate in which they are not participants. The reaction papers are due by 10:00am the Monday following the debate.

The Classroom exercises will comprise 25% of your final grade. They will be graded on content and form. Regarding content, they should be organized, logical, and analytical. They should demonstrate your understanding of the material and your ability to make connections between material covered in earlier class sessions and material presented by speakers. Regarding form, the submissions should be free from spelling and grammatical errors and should be a polished final product. Submissions need to have the student's name and a title at the top of the first page.

Site visits: To place the theoretical information covered in class in a realistic context, students are required to observe deprivation proceedings in a local juvenile court. A reaction paper must be turned in one week after the court observation.  More information on arranging the site visit will be provided early in the semester.

Exam: A take-home final exam will be given.   You will have 24 hours to complete the exam.  Students may pick up the exam from the law school library circulation desk any time between 8:00am Tuesday, April 24th 2001 and noon, Thursday April 3, 2001.  Exams are to be returned to the same place within 24 hours of the time they are picked up.  Exams turned in more than 15 minutes last will lose one letter grade from the final grade.  Exams turned in more than 3 hours late will lose two letter grades from the final grade.  Exams turned in more than six hours late will not be graded.  All exams must be returned by noon, Friday April 4, 2001. The exam will comprise 75% of your final grade.

Course Schedule

1/08/01
Topics
What is child advocacy?
Overviewof the juvenile court process
Class activities
Introductions
Go over syllabus and expectations
Discussion of topics
Readings
Excerpts, Child Advocacy: History, Theory, and Practice , pp. 1-14
Excerpt: Responding to the Wake-up Call: A new Agenda for Poverty Lawyers, pp. 15-16
"Who Speaks for the Child" , pp. 17-38
Excerpt: Guardians Ad Litem in Child Abuse and Neglect Proceedings: Clarifying the Roles to Improve Effectiveness, pp. 39-44
Excerpt: "You're My What?" The problem of Children's Misperceptions of Their Lawyers' Role, pp. 45-52

1/15/01
Martin Luther King, Jr. Holiday--no class

1/22/01
Topics
Federal Laws on child abuse and neglect
Class activities
Discussion of topics
Note:  there may be additional hand-outs in preparation for this class
Readings
Excerpt: Listening to Foster Children In Accordance With the Law: Failure to Serve Children in State Care, pp.183-190
U.S. Child Protection at a Glance, pp. 181-182
Excerpts: Critiques of ASFA, pp. 191-198
Suter v. Artist M, pp. 203-21

1/29/01
Topic
What is the State's role in child protection?
Class activities
Discussion of topic
Readings
Deshaney v. Winnebago, pp. 231-242
Marisol v. Giuliani, pp. 215-230
Listening to Foster Children In Accordance With the Law: Failure to Serve Children in State Care, pp. 243-258A

2/5/01
Topics
What is the judge's role in child abuse and neglect cases?
Class Activities
Discussion of topics
Possibly a guest speaker
Readings
Responsibilities and Effectiveness of the Juvenile Court in Handling Dependency Cases, pp. 353-368
Four Commentaries:  How We Can Better Protect Children from Abuse and Neglect, pp. 369-382
 

2/12/01
Topics
What is the agency's role in child abuse and neglect cases?
What is the social worker's role in child abuse and neglect cases?
Multidisciplinary representation of children
Class Activities
Discussion of topics
Readings
Jurisdictional Conflicts Between Juvenile Courts and Child Welfare Agencies:  The Uneasy Relationship Between Institutional Co-Parents, pp. 383-398
Improving Child Welfare Practice Through Improvements in Attorney-Social Worker Relationships, pp. 399-406
Excerpt:  Ethics, Cultures, and Professions in the Representation of Children, pp. 407-412
Excerpt:  Embedded Practices:  Lawyers, Clients, and Social Change, pp. 413-416
We will revisit issue of what agency can or should provide

2/19/01
Topic
What rights do parents have?
Class activities
Discussion of topic
Readings
Santosky v. Kramer, pp. 139-152
M.L.B. v. S.L.J., pp. 153-160
Ethical Issues in the Representation of Parents in Child Welfare Cases, pp. 161-180
 
2/26/01
Topics
Continue:  What is the role of the child's attorney in abuse and neglect cases?
What rights do children have?
Class activities
Discussion of topics
Readings
In re Gault, pp. 53-76
UN Convention on the Rights of the Child, pp. 77-92

3/5/01
Topic
What is the physician's role in child abuse and neglect cases?
Class Activities
Discussion of topics
Guest speaker:  Randy Alexander, MD, Morehouse School of Medicine
Readings
A Medical Research Agenda for Child Maltreatment:  Negotiating the Next Steps, pp. 331-348
Excerpt:  Medical Evidence of Physical Abuse in Infants and Young Children, pp. 349-352B
The Latest Evidence in Shaken Baby Syndrome:  What Defense Lawyers and Prosecutors Need to Know, pp. 321-330
State v. Loss, pp. 315-320
 
3/12/01
Law School Spring Break--no classes

3/19/01
Reaction paper due by 10:00am
Topics
Factors that affect societal and family dynamics:  socioeconomics, ethnicity, education levels, stress, substance abuse, mental illness. The effects of child maltreatment
Class Activities
Guest speaker:  Ms. Vale' Henson, State Office of Adoptions.
Readings
Children's Well-being:  Clues and Caveats from Social Research, pp. 93-104
Families in Poverty, pp. 105-122
The Extent and Consequences of Child Maltreatment, pp. 123-138
 
3/26/01
Reaction paper due by 10:00am
Topics
Disproportionate representation of children of color in the child welfare system
Who is responsible for ameliorating poverty?  (and what does this have to do with child advocacy?)
Class Activities
Discussion of topics
Readings
Cultural Competence in Child Welfare:  What is it?  How do we achieve it?  What happens without it? pp. 301-314
Excerpt:  Policy Challenges for Child Welfare in the New Century, pp. 199-202
Toward a Comprehensive Antipoverty Strategy:  Getting Beyond the Silver Bullet, pp. 259-300
 
4/2/01 
Topic
Continue:  Avenues for Advocacy
Class Activities
Discussion of topics
Readings
Excerpt:  Legislative Leaders' Perceptions of Advocates for Children and Families, pp. 495-500
The Costs of Child Protection in the Context of Welfare Reform, pp. 479-494

4/9/01
Topics
Avenues for advocacy
Class Activities
Discussion of topics
Readings
Responding to the Wake-up Call:  A new Agenda for Poverty Lawyers, pp. 417-428
Community Education:  Creating a New Vision of Legal Services Practice, pp. 429-446
Theoretics of Practice:  Integration of Progressive Thought and Action: Rebellious Lawyering, Regnant Lawyering, and Street-Level Bureaucracy, pp. 447-450
Ten Thousand Tiny Clients:  The Ethical Duty of Representation in Children's Class-Action Cases, pp. 451-478
 
4/16/01
Topics
Advocacy through Media
Class Activities
Guest speaker:  Jane Hansen, Journalist, Atlanta Journal Constitution
Readings
Suffer the Children (hand out)
Additional articles by Jane Hansen (hand-outs)

4/23/00 open*
Reaction paper due by 10:00am

* I am leaving one class period open.  As we move through the materials we may decide to spend more time on a topic than is currently allotted in the syllabus.  Partway through the semester I will distribute a revised syllabus to reflect any scheduling changes we have made.