Familial Relationships

Cartoon depicting a child welfare agent entering a home, without a judge's order, in the name of children's safety

Family Miranda: Expanding Due Process Rights to Child Welfare Investigations

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Texas’s 2023 “Family Miranda” law requires child welfare investigators to inform parents of their due process rights at the beginning of an investigation. The intent is to reduce unnecessary state intervention, trauma, and coercion. The law passed with bipartisan support and ultimately clarifies existing law, rather than creates new law. In this “Student Voices” blog, HLS student Julia Saltzman calls for a randomized controlled trial to determine the efficacy of the law in improving fairness and reducing unnecessary interventions.

Cartoon depicting an outdated mandate requiring a typewriter in order to file for divorce

Unveiling the Complexity: Divorce and Access to Justice

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Marriage in the U.S. typically requires a marriage license, payment of a nominal fee, and often a short waiting period from the license signing to marriage. Divorce, on the other hand, typically involves lawyers; courthouse visits; comparatively higher fees; and, in some cases, antiquated roadblocks just to implement this federal constitutional right. The result is that divorce can be an access-to-justice issue for low-income individuals who are faced with trying to pay for a lawyer they cannot afford or navigate unnecessarily complex divorce filing procedures on their own.  

graphic of hands with symbols of necessities

Mother Up Study Links Child Neglect, Poverty, and Guaranteed Income

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The Access to Justice Lab published a newly released study of Washington, D.C. mothers involved in Child Protective Services demonstrating that government-funded child welfare programs are effective in reducing child neglect cases by prioritizing economic support to overcome conditions caused by poverty.

Cartoon depicting a lawyer shown as a wolf evicting the Statue of Liberty and replacing her with Uncle Sam

Who Deserves a Lawyer? The Hidden Gender Bias in the Right to Counsel

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The landmark court decision in Gideon v. Wainwright from 1963 made it a constitutional right, both in federal and state courts, for criminal defendants to have the right to counsel. That decision does not extend to civil cases– such as child custody, eviction, and domestic violences cases–which affect women, often from marginalized backgrounds, more than than men. HLS student Laura Aquino argues for a study to address the gender bias in denying legal assistance to civil litigants that may play a role in preserving a system that limits access to justice for women.

Cartoon reflecting whether legal services can help families avoid child welfare involvement

A2J Lab Study in the Field: Could Holistic Legal Services Help Families Avoid the Child Welfare System?

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Conducting randomized control trials in the law can be a decade-long (or longer) process. Our “Child Welfare” project evaluates whether families with children who face poverty-related legal and social challenges can avoid unnecessary entries into the child welfare system with the assistance of holistic legal services – a combination of social worker services and a traditional attorney-client relationship. The study is five years in the making and still just half-way through completion, but we’re sharing its origin and process anyway.

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