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"the system of justice
for child victims of maltreatment is not in balance"
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One of the important challenges
facing Minnesota is the lack of representation of children in
our court system. I invite you, as my colleagues in the law,
to become part of the solution to this serious problem.
A study the Minnesota Supreme Court commissioned this past year
yielded a shocking statistic. Statewide, more than one-half of
abused and neglected children in child protection proceedings
(CHIPS cases) have no representation in court.
This is due to a dire shortage of guardians ad litem, or people
who have been specially trained to fulfill the role of the child's
advocate in court. Some guardians have law degrees and some don't,
but the vast majority have volunteered themselves to ensure kids
get a fair shake in court.
Federal and state law mandate the provision of guardians in each
case, but there are not nearly enough to keep pace with the ever-increasing
dockets in Juvenile Court. At this very moment in Hennepin and
Ramsey counties, there more than 600 children alleged to have
been abused and neglected who have no guardian to represent them.
As a result, the system of justice for child victims of maltreatment
is not in balance. In child protection proceedings, virtually
every party is represented by a lawyer -- but children in 50
percent of our cases have no one speaking for their interests.
It is ironic that in a system labeled "child protection,"
there are hundreds of children each year who have no one to protect
them in the court proceedings that determine their future. How
can we expect balanced and informed decisions to be made without
this vital perspective?
This is why I have turned to a large group of Twin Cities area
law firms and the Minnesota State Bar Association for help. Our
goal is to fill the existing need for guardians in Hennepin and
Ramsey counties through the pro bono work of attorneys and the
volunteer efforts of nonattorney staff and family members. The
"Pro Bono Challenge For Kids" is a two-year program
commencing January 2001.
To cover the immediate need for guardians in our two largest
counties, we are challenging interested law firms to contribute
2.5 percent of their total firm employment to the program each
year. This results in a 5 percent total commitment over the biennium.
The challenge can by met by volunteer lawyers or nonlawyers.
So paralegals, secretaries, clerks, or even family members can
be counted toward a firm's 5 percent. Attorney participation
in the program is also eligible for the ABA's Pro Bono Challenge.
A training program and orientation are offered for those who
would like to help meet the legal needs of children. Based on
the schedules of current guardians ad litem, generally one guardian
is assigned to two cases, which usually require about five to
six hours' total time commitment per month.
As attorneys who currently serve as guardians can attest, the
benefits you receive far outweigh the gift of your time. It can
be a chance to reconnect your professional aspirations with your
personal goals for public service, or simply a great way to establish
or expand courtroom experience. Even more importantly, serving
as an advocate in this capacity can be one of the most rewarding
aspects of a career in law because it is an opportunity to really
make a significant difference in the life of a child in need.
Another issue to consider is the cost of not addressing the problem.
We know that abused and neglected children are over-represented
in populations of the homeless, the illiterate, and the mentally
ill. Studies also show that 80 percent of prison inmates spent
time in the child protection system. A maltreated child has a
higher likelihood of becoming a juvenile delinquent and later,
an adult criminal. Therefore, we have a vested interest in doing
a better job when we first have a chance.
By spending more time with children as victims, we have a greater
chance of preventing them from becoming victimizers. Children's
involvement in the child protection system may be the best opportunity
we will ever have to change the course of a life, helping a child
find a loving, permanent home and achieve a productive, law-abiding
adulthood.
You and your law firm are invited to join the ranks of many volunteers
across the Twin Cities who have stepped forward to accept the
challenge. Our long-term goal is for the program to grow and
expand, so attorneys will volunteer in other areas of need, such
as state wards and attorneys for guardians ad litem. But right
now, this is the area that needs our immediate attention.
Hopefully, you'll hear more about the "Pro Bono Challenge
for Kids" during planned kick-off activities in January.
In the meantime, you can learn more by contacting the guardian
ad litem coordinators in either Hennepin or Ramsey County.
Jo Howe -- Ramsey County -- (651) 266-5273
jo.howe@courts.state.mn.us
Susanne Smith -- Hennepin County -- (612) 348-8475
susanne.smith@co.hennepin.mn.us
In this country six children are reported abused or neglected
every minute. In the time it has taken you to read this message
and consider participating, close to two dozen children have
entered the gates of the child protection system.
The good news is that there is no shortage of people who care
about children and are willing to commit themselves to these
issues. While improving the system can make an incredible difference
for our neediest children, it is an individual who can make the
difference in one child's life and one child's future. Will you
be that individual? |
Kathleen H. Blatz is chief justice
of the Minnesota Supreme Court. The Court expects to launch the
"Pro Bono Challenge for Kids" in January 2001. |
