This article outlines the recommendations of the Conference on Ethical Issues in the Legal Representation of Children in Illinois. In general, attorneys are advised to work closely with their child clients and be aware of their own biases and experiences when making determinations of what action would be in the best interest of the child. The Illinois Rules of Professional Conduct should be followed to maintain confidentiality between the attorney and the client. However, the rules should be amended to permit the disclosure of confidential information when there is a threat of serious harm or death for the client. The role of the attorney should be defined at the beginning of the case, and prompt action taken if any conflicts of interest arise.
Judges are responsible for appointing attorneys for children and monitoring the quality of counsel.
Training for judges should focus on children's issues, child abuse and delinquency prevention, and interdisciplinary issues. Copyright 1998 Seton Hall Law Review. This article explores the principles of confidentiality and privileged communications in the context of mandatory reporting laws. In particular, the discussion focuses on assertions of privileged communications made by psychotherapists and the clergy to excuse themselves from mandatory child abuse reporting requirements. The article reviews the basis for laws protecting the confidentiality of communications with these professions and summarizes federal and state case law regarding the communications between therapists and their patients and between clergy and their parishioners.