Need to Be Heard: Increasing Child Participation in Protection Mediation Through the Implementation of Model Standards*

Abstract

There are more than three million reports of abuse and neglect each year. Some children may enter the court system while others will voluntarily or by court order enter a mediation program. What these children have in common is these youths are often removed from their home and placed in foster or institutional care without ever expressing their wishes or concerns. This Note advocates for the adoption of model standards drafted to ensure universal and meaningful child participation. The Model Standards are set forth in detail and accompanied by useful tips on their implementation. Through the course of this Note, the benefits of child participation are outlined, as are the reasons most often given for denying children the opportunity to meaningfully participate. The Note concludes with an explanation of how the benefits derived from implementing these standards far outweigh any potential negative side effects.

Preparing Social Workers for Alternative Dispute Resolution in Care and Protection Cases

“…The inclusion of ADR in the Act is a positive development. As is well-known, in many cases ADR is much better for addressing problems involving families and children than court litigation (De Jong, 2009;Firestone & Weinstein, 2004;Jordan, 2009). It is true that in some cases abusive behaviour by family members, extreme power imbalances between parties, or urgency considerations in obtaining a binding decision may render ADR inappropriate.…”