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Children's rights gets 'C' grade

Advocates worry economic woes exacerbating problem

Published: Monday, Oct. 19, 2009 12:00 a.m. MDT
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Utah received a "C" grade in a study released Thursday about how effectively states protect the rights of abused and neglected children.

The study, "A Child's Right to Counsel: A National Report Card on Legal Representation for Abused and Neglected Children," was released by First Star, a nonprofit organization, and the Children's Advocacy Institute at the University of San Diego School of Law. Both groups seek to improve the legal standing of children.

Criteria used for the study included such issues as whether or not state laws require attorneys for children, whether that law includes a time constraint and whether the appointed attorney is required to "advocate for the express wishes of the child."

Utah received full points for the first two criteria, as it has laws that require attorneys for children for a dictated amount of time, but was only given half of the points available when it came to laws that give the child legal status equal to that of an involved party in a case.

Ultimately, Utah was given a score of 77 on a point scale that went up to 100. Two states, Connecticut and Massachusetts, received A+ scores of more than 100 for also meeting an extra credit requirement that would limit the number of an attorney's child-involved cases.

However, Utah isn't alone, as 29 states received "C" grades or lower. And, according to a press release announcing the study, advocates worry that the current economic situation is exacerbating the problem.

"The federal government reported that nearly 800,000 children were abused or neglected in 2007," said Amy Harfeld, executive director of First Star. "In the current economic recession, these children are suffering more than ever — reports of child abuse have skyrocketed while resources to help them have been placed in jeopardy."

This study is the second of its kind, the first taking place in 2007. It was conducted by compiling information from the first study with various state statutes and providing an analysis of that information to "officials and practitioners in every state." The last study led 17 states to make changes, the statement said.

The report also mentioned that Utah is one of 13 states that uses a certification process to classify children's attorneys as child welfare law specialists.

e-mail: emorgan@desnews.com

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