children's rights FAQ |
Have you represented children in cases in West Virginia?
Yes. Our office has worked with many families in securing rights for children in West Virginia. We have represented children in cases involving injuries, as victims of crime, and in child abuse and neglect matters. We have represented babies, toddlers, elementary age children, pre-adolescents and adolescents.
What is a Guardian Ad Litem?
A Guardian As Litem is a person approved or appointed by the court to represent the interests of the child. In certain family law and child abuse cases, the court will appoint a guardian ad litem to advocate for the interest of the child.
What is a “next friend”?
Since children are unable to file law suits in their own names, a parent or guardian files on behalf of the child. In those circumstances, the parent is called the “next friend” in court proceedings.
When does the government have the right to remove a child from the child’s family?
In very rare circumstances when parents have demonstrated that they are not fit for providing for their children and when there are no fit family members, the state may remove a child from his or her home and place her in foster care.
Can the parents get the child back once the government removes the child?
If the parents are willing to take the action necessary through a court imposed “improvement period,” the child may be returned to his or her family.
Does my child have a right to an education?
In West Virginia, every child has the right to attend public schools and receive an education. A child may lose that right under very narrow circumstances due to extreme disciplinary problems. When a child wishes to enroll in school and does not have the requisite documentation, he or she should be provisionally enrolled.
What is the IDEA and how does it protect my child’s right to receive an education?
The Individuals with Disabilities Education Act (IDEA) (formerly called P.L. 94-142 or the Education for all Handicapped Children Act of 1975) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.
IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP's) for each child. The specific special education and related services outlined in each IEP reflect the individualized needs of each student.
If parents disagree with the proposed IEP, they can request a due process hearing and a review from the State educational agency if applicable in that state. They also can appeal the State agency's decision to State or Federal court
I’m sixteen and I want to be emancipated. Do I have that right?
You may file a petition with the court and request to be emancipated when you are younger than eighteen. A judge will review your employment history, your residence, and assess your ability to independently provide for your well being. If the judge finds that you are capable of fully supporting yourself, he or she may permit you to be emancipated. In West Virginia you are automatically emancipated when you turn eighteen or when you are married.
I got into trouble when I was fourteen. Will my future employers have access to my records with the courts?
In most cases, they will not. If your crime was serious enough that the Prosecuting Attorney tried your case as an adult status case, the records are public. Otherwise, they are sealed and your future employer should not have access to them.
My brother has just been sent to juvenile hall. What does that mean?
In West Virginia, children under the age of 18 who are alleged to have committed most crimes are charged as juveniles and will be provided with services through the juvenile court systems. Usually, these proceedings take place in the same courtroom as other proceedings. In certain cases, the children may be detained in a juvenile detention or other facility.
Does he have a right to a lawyer?
Yes. Most juveniles charged with crimes will be eligible to receive a court appointed attorney.
What is the Convention on the Rights of the Child?
The Convention on the Rights of the Child is an international treaty that recognizes the human rights of children, defined as persons up to the age of 18 years. The Convention establishes in international law that States Parties must ensure that all children—without discrimination in any form—benefit from special protection measures and assistance; have access to services such as education and health care; can develop their personalities, abilities and talents to the fullest potential; grow up in an environment of happiness, love and understanding; and are informed about and participate in, achieving their rights in an accessible and active manner.
How many countries have ratified the Convention on the Rights of the Child?
More countries have ratified the Convention than any other human rights treaty in history—192 countries are State Parties to the Convention.
Who has not ratified the Convention on the Rights of the Child?
The Convention on the Rights of the Child is the most widely and rapidly ratified human rights treaty in history. Only two countries, Somalia and the United States, have not ratified this celebrated agreement. Somalia is currently unable to proceed to ratification as it has no recognized government. By signing the Convention, the United States has signaled its intention to ratify—but has yet to do so.
How can I tell if my child’s rights have been denied or infringed upon?
The only way that you can be confident that you have protected your child’s interests is to consult with an experienced attorney and have all of your questions answered. Our office never charges for the initial meeting in any personal injury case. Contact Brenda Waugh at 304-263-6601 to arrange for your free meeting today.