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Lawyers `need training' in child care law

A leading US lawyer has called on solicitors in Bermuda to train in child care issues to help provide legal representation for children in danger of abuse.

Frank Cervone, a member of the American Bar Association's children's law committee, said he was convinced commercial lawyers could transfer their invaluable skills to help represent children.

Mr. Cervone was speaking yesterday after a week-long visit to the Island as guest of the Coalition for the Protection of Children to look at provision of legal services for children.

He claimed that in terms of access to courts and "the right to be safe from harm, children in Bermuda are behind the times in comparison with other countries like the US and Europe''.

In response, the Bermuda Bar Association invited Mr. Cervone, the executive director of the Support Centre for Child Advocates in Philadelphia, to write to it with suggestions about how legal services for children on the Island could be improved.

Mr. Cervone told The Royal Gazette yesterday that his centre and others in the US helped train hundreds of American lawyers every year in child protection law.

He said the ABA's children's law committee is looking to help interested children's advocates in Bermuda "to develop systems of response within the legal community because we think there is an untapped capacity within the legal community to serve children.

"There is some possibility that there could be a network of trained child advocate lawyers available in Bermuda to represent children.

"Law firms might go on to support a staff attorney in an agency like Legal Aid or the Coalition. The legal community would have to put up the dollars where they are unable to service themselves.

"Business lawyers who do not have a professional background in our work do work in the children's welfare field when they are trained.

"They have skills which are untapped for negotiating and obtaining access to services and we invite them to transfer their skills to a different area of practice.

"I assume the willingness is there in Bermuda. There is the opportunity to serve, and we have found in the US that when we have invited lawyers to serve, they come by in their hundreds, and I think Bermudian lawyers will be willing to answer the call.'' Mr. Cervone said there was a need to reform the law in Bermuda to ensure children had a statutory right to legal representation during child protection proceedings.

In the US, children have the right to some form of independent representation, and in some states it is a statutory right to have legal counsel.

He also called on Government to introduce a statutory requirement on professionals serving children, such as teachers, nurses and day care workers, to report suspicions of child abuse.

President of the Bermuda Bar Association Richard Hector invited Mr. Cervone to write to him with suggestions.

Mr. Hector said: "I did not know there was a need for more people to become involved in this area.

"I haven't heard of any situation where magistrates or a family court judge has had problems getting assistance from counsel, but I have no doubt whatsoever that if there is a need for lawyers to perform in that area that our lawyers will rise to the occasion.

"Mr. Cervone could drop a line to the executive secretary of the BBA and we will consider the matter as a Bar counsel and if necessary we will bring it to the attention of our members to discuss what way we could benefit from his expertise or suggestions.''