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When Your Attorney is Your Enemy: Preliminary Thoughts on Ensuring Effective Representation for Queer Youth

Columbia Journal of Gender and Law

Sarah Valentine

Keywords: Best Practices; Child Welfare; Civil Rights; Juvenile Justice; Legal Advocacy

Queer youth are endangered by both the judicial system and the child welfare system. Unfortunately, attorneys entrusted with representing queer youth are not immune from the heteronormativity and homophobia that pervade our culture. Even unintentional anti-queer bias can distort the relationship between a lawyer and a justice-involved queer youth, further endangering the child. Because Attorneys for children can disregard their clients’ wishes, lawyers representing queer children too often become another liability the judicial system imposes on a child. Thus it is essential for attorneys to provide traditional advocacy when representing justice-involved queer youth. One step in protecting this population is to explore the remedies available for justice-involved queer youth who have been harmed by attorneys practicing other than traditional advocacy. [Summary from resource.]

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When Your Attorney is Your Enemy: Preliminary Thoughts on Ensuring Effective Representation for Queer Youth