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Department of Children and Families Memo Written to All Staff on Wednesday, July 12, 2006 Subject: Legal Rights of Clients From: Darlene Dunbar, MSW With the appointment of Chief Child Protection Attorney Carolyn Signorelli, now is an appropriate time to reflect on the role of good legal advocacy for our clients -- adults and children -- and of the importance of ensuring that their rights are respected. As you know, all parents and children have a statutory right to legal representation in any child protection matter brought before the court. This system is adversarial by design to ensure that all parties' viewpoints are presented effectively to the Court. It is the ethical obligation of each attorney to advocate zealously for his or her client. Not surprisingly, this sometimes leads to conflict between our agency and individual attorneys. It is important to step back and remember that legal advocacy is not an attack on you personally; it is a legal right of all parents. Our job, along with the advice and assistance of the DCF legal staff and the Assistant Attorneys General, is to build the bet legal case we can, present that case clearly and concisely to the Court and, in the process, educate those who are not social work professionals about the complexities of our work. In doing so, however, we must be very careful not to impede the ability of our clients to build their best legal defense. We must remember that the ability of our clients to access their legal rights is a core value in our society, and this should be fully respected at all times. For example, if an attorney requests that we refrain from contacting the client directly, we must honor that request. It should not be considered "uncooperative." It is essential that we avoid -- inadvertently or otherwise -- penalizing the client for exercising his or her legal rights. I urge you to view this as a professional challenge. Use the array of resources at your disposal, including your own good social work skills, to develop an effective strategy designed to serve the family, while simultaneously empowering individuals to stand up for themselves. Strategize with your legal staff about any legal remedies you may have. Keep foremost in your mind, however, that the right to access zealous legal representation is a right that all clients have. With this philosophy in mind, I look forward to the positive changes Attorney Signorelli plans to bring to the Juvenile Court Attorney Assignment System. We will all benefit from her experience and leadership. Reproduced from the State of Connecticut Department of Children and Families memo written July 12, 2006. |
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©2008 The Law Offices of Michael
H. Agranoff
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