JOURNAL ARTICLE

Introduction to the Special Issue: Convening for the ABA Commission on Youth at Risk.

  • Published In: Family Court Review, 2024, v. 62, n. 4. P. 757 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Smith, Charisa 3 of 3

Abstract

Youth and families impacted by legal systems now resoundingly attest to the systems' lasting harm, echoed by interdisciplinary research. Lawyering thus requires a vastly renewed outlook, boldness, and honest inquiry about the limits of what the law and public systems can (and should) attempt as purported problem‐solving amidst broader socioeconomic forces and injustice. This report synthesizes recommendations from a groundswell of diverse, dedicated voices following an October 2023 convening hosted by the American Bar Association Commission on Youth at Risk, the ABA Center on Children and the Law, and Hofstra University's Maurice A. Deane School of Law. Entitled "Renewal and Revolution: Recommitting the Legal Profession to Serving Children and Youth, Their Families, and Communities," the convening engaged various professionals—many with firsthand experience in foster and justice systems— and other advocates. Since the 2006 ABA Youth At Risk Initiative Planning Conference, the ABA Commission on Youth At Risk has elevated the representation and voice of youth through ethical practice standards, expanded access, and national initiatives. This report recounts findings of the 2023 convening's four working groups which met for two‐days of (often tense) discussions to chart a path for the legal profession, law, and policy for the next decade and beyond. Priorities include: transcending conceptions of youth "at risk" towards recognition of harms done, a strengths‐based lens, and lived experience leadership and expertise; cultivating next generation attorneys; prioritizing early family defense and diversion; divesting from systems and re‐investing directly with youth and families; and further eliminating racial disparities. Key points for the family court community: Attorneys and advocates representing youth and families require a bold paradigm shift towards legal strategies that minimize harm and trauma, divert from courts and facilities, and empower those directly impacted by systems.Lived experience expertise on the part of youth and families should be better compensated and leveraged, towards the advocacy goals of improved legal representation and divestment from public systems which cause harm.Constitutional and civil rights protections for youth and parents in family courts, and other systems like the immigration system, need to be strengthened and formalized.Judges, attorneys and advocates require more extensive training on eliminating racial and ethnic disparities. Jurisdictions should prioritize this as a matter of professional ethics (and/or continue doing so). Additional measures are often needed to counter inevitable resistance to change, and retrenchment of biases.While the next generation of attorneys representing youth and families may benefit from being further mentored and supported, it is also an honor and an asset for the legal profession to have and mentor emerging attorneys with firsthand experience in youth‐serving systems themselves. [ABSTRACT FROM AUTHOR]

Additional Information

  • Source:Family Court Review. 2024/10, Vol. 62, Issue 4, p757
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:1531-2445
  • DOI:10.1111/fcre.12823
  • Accession Number:180387704
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