Page 115 - Juvenile Practice is not Child's Play

The form signed by the parent or guardian should be entitled “Consent by Parent or Guardian to Release of

Confidential Records and Information Pertaining to a Child” and should parallel the language of the client’s release
form, with the words “my child” substituted where appropriate. Before the client and the parent or guardian sign the

forms, counsel should carefully explain the content of the forms and their legal effect. Counsel should explain that s/he

may need the records in order to prepare for trial and in order to prepare motions. Since some clients will be

apprehensive that counsel may show unfavorable records to the judge, counsel should reassure the client and the parent

or guardian that counsel will keep the records to himself or herself unless they help the case, and only in that event will

s/he show the records to the court. If the client continues to be apprehensive about counsel’s disclosure of the records

to the judge, counsel can offer to consult the client after the records have been obtained to verify that the client approves

of counsel’s decision to use the records. Counsel should also inform the client that counsel will not show the records to

anyone outside the court system and that the court system must maintain the confidentiality of any records about a

juvenile.

At the conclusion of the interview, counsel should explain to the parent and child the upcoming stages of the

case, describe the actions counsel intends to take in investigating the case and preparing for trial, and schedule any

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further meetings that will be needed.

67 Id. at 143.