Cushman Law Office, P.C.
May 03, 2024
   
 
 
 
 
 
 
State Bar Association of Montana!

The representation of families when the State intervenes in one's parental rights

Family defense, entails the representation of families in State initiated Domestic Neglect cases, is a relatively new area of law not known by many Americans, practicing attorneys or accredited law schools. Family defense is a fast growing practice of law since the need for family defense attorneys arises in all 50 states by statute. As such, states spend an enormous amount of money to conform to state and federal regulations, litigate against unfit parents while at the same time defending them and also using resources to protect and care for children involved. This obligation of the states is complex and costly but can be made efficient by education and proper training. All participants should learn about this specialized area of the law.

Party participants, like: birth parents; step parents; foster parents; and children as well as child welfare participants, like: child protection specialists; guardian ad litems; foster parents; foster home facility staff; councilors; and doctors should all participate in specialized family defense training. So should community support agencies personal, Child and Family Services employees and the Judges who preside over the DN cases.

Family defense involves the teaching of all DN participants and not just the attorneys. This education and specialized training is needed by every State to protect the family unity of residents accused in child welfare cases. The training protects families by preventing the state from over-reaching while also saving costs by having all the care providing agencies work together in support of the many different rehabilitation efforts offered by any one community.

Over the years both history and research has proven there is a cost savings analysis for the State as a whole and the individual communities if the attorneys, care providers and other participants involved in these types of cases have specialized training in this area of law. As such, the legal field of family defense is establishing itself as one of the fast growing areas of law and a growing national movement. Colleges are starting to offer classes on this subject for future care providers while Law schools are creating classes that will train the next generation of family defenders. These classes touch on civil rights issues while concentrating on techniques all participants can use to keep their state's child welfare system in balance.


 
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