The
Children's Law and Policy Initiative [CLPI]
Massachusetts
Citizens for Children is an independent non-profit organization
dedicated to protecting the state's most vulnerable children.
The Children's Law and Policy Initiative (CLPI) is
MCC's response to growing concern regarding the legal interests
of abused and neglected children.
Mission
Statement
The
Children's Law and Policy Initiative is committed to critical
analysis of pro-child policy based in empirical data, rather
than in furthering one specific social theory of child/parent
relations.
Effective
protection of children requires that children receive capable
representation within a court system that is adequately
educated to comprehend the dynamics of abuse. All too often
court decisions reflect a misunderstanding of the dynamics
of abuse and the impact of trauma on a child. These decisions
can result in additional, unnecessary trauma to child victims.
Through advocacy, training and inter-agency coordination
CLPI endeavors to create a legal environment that is committed
to protecting children and restoring their emotional and
physical well - being.
MCC's
Children's Law and Policy Initiative: A Unique Approach
CLPI
is unique in two important ways:
- CLPI does not receive any state funding and
as such is able to serve as an independent and unhindered
voice for the needs of children.
- The Children's Law and Policy Initiative relies
on empirical data and cross-discipline critical analysis
in establishing its policy and training objectives. In
recognition of the importance of a multi-disciplinary
approach to understanding abuse, the Initiative has created
a network of individuals with expertise in the fields
of psychiatry, pediatrics, law and clinical social research
to serve as its standing Advisory Board . This network
is committed to critical analysis of policy based in empirical
data, rather than in furthering one specific social theory
of child/parent relations.
To learn
more about the CLPI, please contact Nora Sjoblom Sanchez,
Esq., Director of the Children's Law and Policy Initiative,
at nora@masskids.org, or 617-742-8555, ext. 3.
Programs
and Goals
In pursuit
of its mission, the CLPI has established four main areas
of focus: Legal Advocacy, Legislative Advocacy, Training
and Interagency Coordination.
Legal Advocacy:
Amicus Briefs:
Since August of 2001, MCC has enlisted the assistance of
several private law firms to file amicus curiae briefs on
behalf of child victims of sexual abuse. Briefs were filed
before Massachusetts Probate Court, and the United States
District Court of Appeals. In each of these cases, MCC was
able to secure the pro bono services of law firms and develop
the amicus curiae brief collaboratively with these firms
through its network of renowned social scientists. MCC is
committed to building and expanding such partnerships as
a way to leverage ongoing, high-quality legal research and
representation for children in the state.
Litigation:
In the late 1970s MCC filed a class action against the Department
of Social Services on behalf of abused and neglected children.
CLPI will periodically explore the use of litigation as
a means of relief for abused and neglected children.
Research Projects and Field Studies:
CLPI is engaged in on-going research regarding the quality
of representation available to children within the court
system. Most recently, as a result of concerns expressed
within the children's advocacy community, CLPI has initiated
an investigation into the state's advocacy on behalf of
children and the potential conflict of interest created
by housing parent and child representatives within one agency.
Additional projects include analysis of the literature utilized
by Guardian ad Litems in Probate Courts, and the quality
of services available to limited English proficiency children
in DSS custody.
Referrals:
As a result of CLPI's high profile commitment and advocacy
on behalf of victims, individuals often contact the program
in pursuit of direct representation and protection. While
MCC is currently unable to offer direct service representation,
staff is often able to encourage independent attorneys to
undertake representation of these individuals. CLPI seeks
to enlarge its involvement with individual attorneys and
to establish a network, strengthening both the availability
and quality of representation.
Legislative
Advocacy:
Website:
The Legislative Action Center, accessible through MCC's
website is designed to alert, inform and assist individuals
in advocating for children's welfare on a federal, state
and local level. In addition to providing crisis alerts
for impending legislation, the Action Center offers useful
tips on effective lobbying and provides interested parties
with their individual representative's contact information.
Lobbying Efforts:
Based in close proximity to the statehouse, MCC organizes,
promotes and participates in many lobbying efforts on behalf
of children. Most recently, CLPI staff joined with Mass
Law Reform in support of budget alterations providing for
the continued funding of court interpreters, without which
child victims and their protective parents will be denied
meaningful access to justice.
Summit on Children and the Courts:
Legislative attendance at the Children and the Courts Summit
is a crucial step in ensuring that policy makers fully understand
the urgency of court reform on behalf of abused and neglected
children.
Training:
Summit on Children and the Courts:
A two-day conference in October, The Summit is designed
to address the critical and serious gap the legal profession's
respond to child victims of sexual abuse. Featured speakers
will include internationally recognized experts from medical,
legal and social research fields. Specifically designed
to educate the Judiciary and judicial officers, the Summit
will also include participants from DSS, the District Attorney's
office, Attorney General's office and individual practitioners
with a demonstrated commitment to representing abused and
neglected children.
Judicial Bench Book, "Children, Science and
the Law":
An essential component of the Summit, the Bench Book will
serve as an ongoing reference for judges and attorneys who
work with cases involving children and intra-familial abuse.
The bench book will contain applicable case law and statutes
as well as information provided by the internationally recognized
speakers from the Summit.
Legal Internships in Children's Law and Policy:
CLPI employs two second and third year law students each
semester with the goal of encouraging increased understanding
of children's advocacy and attracting new attorneys to the
field. A competetive "Children's Law and Policy Internship"
stipend is offered to successful candidates. CLPI is also
reaching out to area law school deans to explore the establishment
of a "Children and the Law" Clinic at one of the Boston-area
law schools.
Ongoing Training for Children's Advocates:
In addition to the upcoming Summit on Children and the Courts,
CLPI intends to provide on-going trainings and informational
updates to practicing attorneys who specialize in representing
children who are victims of abuse. Due to CLPI's commitment
to cross-disciplinary assessment and participation, CLPI
serves as an effective bridge connecting practicing attorneys
with recent and reliable medical and social data.
Inter-Agency Coordination:
Statewide Children's Law Council:
MCC currently attends the Family Law Task Force, a well-established
group committed to sharing information statewide, developing
policy agendas, and providing specialized trainings for
legal services attorneys working in family law. This work
is primarily focused on the interests of parents. MCC believes
strongly that a similarly structured, statewide Children's
Law Council should be organized to address the unique legal
issues faced by this vulnerable client population and to
conduct trainings for attorneys seeking to improve legal
representation of children. The Summit will provide a rich
foundation for the creation of such a Council by bringing
together the pool of inter-disciplinary consultants, dedicated
legal counsel across the state, and a shared base of knowledge.
Connection to Domestic Violence Organizations:
CLPI seeks to alter the traditional tension between children's
advocates and battered women's advocates by encouraging
collaboration and advancing policy that recognizes both
the child and protective parent as victims of intra-familial
abuse. In an effort to reverse the trend of viewing mother's
rights and child protection as mutually exclusive CLPI has
developed relationships with the Battered Mothers' Testimony
Project and Jane Doe, Inc. among others.
Ongoing Communication with DSS:
MCC has a long and established history of cooperation and
coordination with the Department of Social Services. DSS
was an integral participant in last year's Summit and dissemination
of a State Call to Action. Already. MCC has included DSS
legal staff in its CLPI. DSS Chief Legal Counsel serves
as a consultant to the Summit planning group and has pledged
DSS involvement in the upcoming Summit.
To
learn more about the CLPI, please contact Nora Sjoblom Sanchez,
Esq., Director of the Children's Law and Policy Initiative,
at nora@masskids.org, or 617-742-8555, ext. 3.
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