Legal action can affect children in many ways. Whether the child is the subject of the case, as in custody, or whether the child will be affected by the outcome of the case, such as an eviction, what happens in a courtroom can have a tremendous impact on children’s wellbeing. Because of their age, children have a hard time speaking up for themselves.
At Legal Aid Society of Middle Tennessee and the Cumberlands, we recognize children as a vulnerable population under the law. We work with children and their families to ensure children are safe, receive an appropriate education, and have access to health care. We provide these services so that children can grow up to have positive relationships, achieve education and occupational goals, and become healthy, well-adjusted adults. We are committed to this work so we can build strong children and in turn, stronger communities.
Advocacy at Home. Domestic violence is a heartbreaking reality for too many children in our communities. Even if children are not directly abused themselves, they often witness the trauma of seeing one parent hurt the other parent. Children may even play a key role in the safety of their own family. Often, children try to protect the victim and will call 911 when the abuse escalates.
Children can also be used as pawns in abusive situations. A parent may threaten to hurt or take away a child if the other leaves the relationship.
At Legal Aid Society, we help victims of domestic violence protect themselves and their children by filing an order of protection and helping victims file for divorce. We also assist the victim in finding safe housing and applying for food stamps and other benefits which will benefit both the victim and their children. All of these actions assist in securing sustained freedom from abuse.
Advocacy in School. Children with disabilities are entitled to certain accommodations and services in school, such as Individual Education Plans (IEPs). Unfortunately, these needs are not always met. We work with school administrators to ensure that rights to these special services are enforced and children are given the access to education to which they are entitled.
Another issue that children with disabilities face in school is harsh discipline. Some children’s disabilities make it hard for them to understand and follow rules. Other children’s disabilities cause them to misbehave. Because the school misunderstands the child’s behavior, a child may be suspended, expelled, or sent to alternative school. At Legal Aid Society, we advocate for these children to make sure they aren’t being unlawfully punished for behavior that stems from their disabilities.
Advocacy for Healthcare. We help families apply and maintain health care coverage for the entire family. We represent children when they are denied coverage for necessary care, such as an experimental drug for a rare disease or a dental service. We also represent children in state custody to ensure they receive the care they need.
Problems with family violence, education, and healthcare are only a few of the many legal problems children can face. By being mindful and educated about children’s rights, we can all work to further stand up for the needs of children.
Emma W. Sholl is an attorney with the Clarksville office of Legal Aid Society of Middle Tennessee and the Cumberlands, Tennessee’s largest non-profit law firm. To learn more about Legal Aid Society, visit www.las.org.