LEGALLY SPEAKING
by Amanda Roggenbuck

This month I decided to write about an issue near and dear to my heart: the representation of abused and neglected children. Did you know that children brought into the legal system because of allegations of abuse or neglect are granted legal counsel?

The Michigan Compiled laws at MCL 712A.17d define what a Lawyer-guardian ad litem's (LGAL) duties are in representing a child. This portion of the law also requires the LGALs to meet with the child before certain court proceedings, and keep the child up-to-date on the progress of the case. The LGAL is also required to investigate the case independently of other agencies or attorneys. Further, they must meet with the child to ascertain their position, but to ultimately advocate for what they believe is in the child's best interest - even if it is not the most popular or easiest position to advocate. LGALs are also required to monitor case plan implementation, and request authorization from the court to pursue interests of the child not generally included in the current appointment.

A LGAL must identify when they are seeking resolutions for the child that are inconsistent with the child's wishes, in which case another attorney may be appointed to represent those opposing interests. Additionally, the LGAL must advocate independent of other parties and counsel.

LGALs are charged with representing the best interest of these most vulnerable citizens. Most people are unaware such a service is provided to children. This service is one way that attorneys help their community. We serve as a legal voice and advocate for a child in a system that can fail to recognize that children are people with needs, thoughts and feelings. I encourage everyone to become educated on this issue - abuse and neglect is on the rise nationwide.

As sad as it sounds, this is a vital service; it is vital to our community and more importantly, our children. This service must be protected and recognized. It is scary to think that there is a task force at the state level to address child welfare and justice. I welcome your questions and comments as always. For more information on this topic, I encourage you to contact your state and local officials and to utilize the Internet to research LGALs in the state of Michigan.

Amanda Roggenbuck can be reached at her Cass City office at 989-872-8881, with office hours Monday through Thursday, 9 a.m. to 5 p.m. You may also visit her Web site at www.amandaroggenbuckandassociates.com. Amanda would be happy to answer your questions in this column, and will address them as space allows. Please send your questions to editor@lakeshoreguardian.com or by mail to The Lakeshore Guardian, 9697 Purdy Road, Harbor Beach, MI 48441.