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Publications

Publications authored or edited by Barton Center faculty and fellows are listed by year. Information in the publications was correct as of the date of publication, but laws, policies, and other information may have changed since that time. Nothing in these pages constitutes legal advice.

Copyrights and Permissions

All materials are copyrighted. Materials produced by the Barton Center may be quoted or reprinted for educational and nonprofit purposes if appropriate credit is given and if notice of the use is provided to the Barton Center. Media and graphic content from the Barton Center web site may not be used in any form without express written permission.

Example statement to give credit:
[Adapted or reprinted or reproduced] from [publication title (url), date], with permission from The Barton Child Law and Policy Center, Emory Law School, Atlanta, Georgia, 30322.

Example citation format:
Darlene Lynch, Kosha Tucker, and Kirsten Widner, Improving Offender Accountability in CSEC Cases: Tools for Investigating and Prosecuting Adult Exploiters, published by the Barton Child Law and Policy Center with funding from the Georgia Governor’s Office for Children and Families (February 2011).

Questions about using Barton Center materials should be directed to the Barton Center Director.

For explicit permission to use text or other content from our publications, please send a request to info(at)bartoncenter.net.

A copy of any publication or web site that uses materials produced by us should be sent to
Michele Papotto
Barton Child Law and Policy Center
Emory Law School
1301 Clifton Road
Atlanta, Georgia 30322
Or by email to
mpapott(at)emory.edu

Publications by Year

2015

Representing the Whole Child: A Georgia Juvenile Defender Training Manual
2nd edition
Author: Randee J. Waldman

This manual builds upon the 2004 edition and provides guidance for representing children and youth in Georgia, both in juvenile court and in other areas of client advocacy.

2013

Medicating Trauma
Author: Melissa D. Carter
Publisher: Clearinghouse Review, Journal of Poverty Law and Policy, Volume 46,  Number 9-10, January-February 2013
This article exposes the alarming rate of psychotropic medications prescribed for youth in foster care and their unique mental health needs.

2012

Georgia Psychotropic Medication Monitoring Project
Author:  Melissa D. Carter, in collaboration with Casey Family Programs and the Child Welfare Collaborative
Publisher: Barton Child Law and Policy Center, Emory Law School, 2012

This report outlines the findings and recommendations for monitoring the use of psychotropic medication by children and youth in foster care. It examines Georgia's capacity for oversight of the administration of these medications and includes comprehensive medical and legal research, review of agency policies, clinic review of select cases by an independent child psychiatrist, and training for caseworkers, foster parents, attorneys, judges, and CASA volunteers. The report aims to facilitate the state's compliance with federal mandates.

2011

Improving Offender Accountability in CSEC Cases: Tools for Investigating and Prosecuting Adult Exploiters
Authors: Darlene Lynch, Kosha Tucker, and Kirsten Widner
Publisher: Barton Child Law and Policy Center, Emory Law School, 2011

This toolkit helps prosecutors build successful cases against adults who victimize children through commercial sexual exploitation. The language is specific to Georgia but the concepts and tools are applicable to all states. Federal jurisdiction over these crimes is addressed in the toolkit.

The Child Protection and Public Safety Act
A revised version of the Child Protection and Public Safety Act was introduced in 2011 as Senate Bill 127 and House Bill 641. The bills comprehensively modernize and streamline Title 15 of the Official Code of Georgia to improve the manner in which courts interact with children.

The Child Protection and Public Safety Act Summary (SB127 and HB 641)

The Long-Term Cost Savings of the Child Protection and Public Safety Act
Publisher: JUSTGeorgia, 2011

2010

Addressing the "Demand" Side of Commercial Sexual Exploitation of Children: Review of Federal and State Laws for Prosecuting Offenders
Authors: Darlene Lynch and Kirsten Widner
Publisher: Barton Child Law and Policy Center, Emory Law School, 2010

The commercial sexual exploitation of children (CSEC) generally occurs in combination with other crimes. Recognizing the interconnections between these crimes can lead to more effective prosecutions and lengthier sentences for those who exploit children. This report provides a comprehensive list of Georgia and federal criminal laws that are commonly violated during CSEC. It contains a detailed chart explaining how different types of crimes relate to CSEC, outlining the elements of each crime and the associated penalties, and providing citations to the criminal statutes and relevant case law interpreting those statutes.  Finally, it analyzes Georgia's statutes to identify opportunities to amend Georgia law to better deter those who would exploit children and punish those who have.

Juvenile Code White Papers
Crossover or Dual Jurisdiction Youth
Authors: Mary Hermann and Karen Worthington
Publisher: Barton Child Law and Policy Center, Emory Law School, 2010

Children in Need of Services (CHINS):  A New Framework for Status Offenders
Author: Roshal Erskine
Publisher: Barton Child Law and Policy Center, Emory Law School, 2010

2009

The Child Protection and Public Safety Act
The Child Protection and Public Safety Act, introduced in 2009 as Senate Bill 292, comprehensively modernizes and streamlines Title 15 of the Official Code of Georgia to improve the manner in which courts interact with children. The bill number for the Child Protection and Public Safety Act has changed in legislative sessions since 2009.

Short Summary of SB 292
Detailed Summary of SB 292

Child Protection and Public Safety Act: Good for Georgia’s Children and Families
Publisher: JUSTGeorgia, 2009

Family Preservation in Georgia: A Legal and Judicial Guide to Preventing Unnecessary Removal to State Custody
Author: Lila Newberry Bradley
Publisher: Barton Child Law and Policy Center, Emory Law School, 2009

This guide for judges, attorneys, and other child welfare professionals discusses legal issues and best practices in family preservation and removal decisions. It focuses on preventing removal of the child from the family home and addresses questions of when a child is safe, what conditions are contrary to the child’s welfare, and what reasonable efforts could protect the child from harm.

Defending Clients Who Have Been Searched and Interrogated at School:  A Guide for Juvenile Defenders
Authors: Katayoon Majd, Randee Waldman, and Wendy Wolf
Publisher: National Juvenile Defender Center, 2009

This guide, developed by the National Juvenile Defender Center in partnership with the Barton Juvenile Defender Clinic at Emory Law School and the Youth Advocacy Project of the Massachusetts Committee for Public Counsel Services, provides a general overview of the law governing school searches and interrogations. It includes practice tips for evidence that is inadmissible because it was obtained in violation of clients’ rights.

What Is Right for Children? Competing Paradigms of Religion and Human Rights
Editors: Martha Albertson Fineman and Karen Worthington
Publisher: Ashgate, 2009

Combining feminist legal theory with international human rights concepts, this anthology examines the presence, participation, and treatment of children in a variety of contexts. The authors compare legal developments in the U.S. with legal developments in countries where the views that children are separate from their families and potentially in need of state protection are more widely accepted. They also address the role of religion in shaping attitudes about parental rights in the U.S. and elsewhere and examine the implications of children as independent rights holders.

2008

Juvenile Code White Papers and Fact Sheets
To complement its work on the juvenile code rewrite, the Barton Child Law and Policy Center commissioned or produced several white papers on selected areas of juvenile justice and child welfare reform. The papers focus on proposed reforms that were included in the State Bar of Georgia Young Lawyers Division Proposed Model Juvenile Code, some of which were included in the Child Protection and Public Safety Act. In addition to white papers, the Barton Center and its partners prepared fact sheets on some key issues related to the juvenile code rewrite.

Juvenile Code White Papers

Adding “Emotional Abuse” to the Georgia Juvenile Code
Author: Brad Glick
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

A Child’s Right to Counsel in Juvenile Court Proceedings
Authors: Melissa Carter and Kirsten Widner
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

Prosecution in Superior Court or Juvenile Court:  The Proposed Model Code’s Approach
Author: Tom Rawlings
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

Reinstatement of Parental Rights:  An Important Step Toward Solving the Problem of Legal Orphans
Authors: Melissa Carter and Kirsten Widner
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

Youth Development and the Juvenile Justice System
Authors: Don Bower, Ph.D., and Rachel Hagues, MSW
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

Juvenile Code Fact Sheets

Child’s Right to Counsel in Deprivation and Delinquency Proceedings
Author: Beth Reimels
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

Electronic Recordation of Juvenile Interrogations
Author: Nicholas Burton
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

Hidden in Plain Sight: The Tragedy of Children's Rights from Ben Franklin to Lionel Tate
Author: Barbara Bennett Woodhouse
Publisher: Princeton University Press, 2008

This award-winning book tells the tragic untold story of children's rights in America. It asks why the United States today, alone among nations, rejects the most universally embraced human rights document in history, the United Nations Convention on the Rights of the Child. Barbara Bennett Woodhouse explores the meaning of children's rights throughout American history, interweaving the childhood stories of iconic figures such as Benjamin Franklin with those of children less known but no less courageous, like the heroic youngsters who marched for civil rights.

Suspending Reason: An Analysis of Georgia's Off-Campus Suspension Statute
Authors: Steve Reba and Randee Waldman
Publisher: 1 John Marshall Law Journal 1 (2008)

This law review article discusses the policy and legal implications of a Georgia statute permitting the suspension and expulsion of students for behavior that occurs away from school grounds. Despite legislative intent that the statute be used only in extraordinary circumstances, in the first four years after the statute was enacted, more than 1,300 of Georgia's children were removed from school under the provision. The article concludes that such removals fail to ensure school safety, have long-term negative consequences for children, and disproportionately impact youth of color and students with disabilities. Accordingly, the article recommends that the statute be repealed in its entirety or, in the alternative, that the statute be amended to provide clearer parameters for enforcement.

Commercial Sexual Exploitation of Children in Georgia: Service Delivery and Legislative Recommendations for State and Local Policy Makers
Authors: Darlene Lynch and Kirsten Widner
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

The exploitation of children through prostitution is big business in Atlanta, and changing that situation was a priority during Atlanta Mayor Shirley Franklin’s terms in office. In 2005, the Mayor’s office published a paper titled Hidden In Plain View which explained the problem of commercial sexual exploitation of young girls in Atlanta, brought the importance of addressing the issue home by providing stories of real victims, and identified Atlanta’s strengths and areas of need related to this problem. This 2008 paper builds on that foundation and expands the scope to include all child victims, including boys, across Georgia. It examines approaches taken by other jurisdictions to address the commercial sexual exploitation of children and makes legislative and policy recommendations for addressing the problem in Georgia.

Secure Detention of Status Offenders: A Research-Based Policy Response to the Georgia General Assembly
Authors: Darlene Lynch, Randee Waldman, Karen Worthington
Publisher: Barton Child Law and Policy Center, Emory Law School, 2008

This policy paper outlines simple legislative approaches that would ensure Georgia's compliance with the federal mandate of reducing the secure detention of status offenders. These recommended changes would better serve Georgia's children by improving practices in the juvenile justice system and moving children out of locked facilities and into the treatment and rehabilitation services they need. In addition, the changes would help Georgia avoid potential federal penalties for non-compliance with the Juvenile Justice and Delinquency Prevantion Act's deinstitutionalization mandate.

Fact sheet: Georgia’s Secure Detention of Status Offenders: Ensuring Georgia’s Compliance with Federal Law to Better Serve Georgia’s Children

2007

Georgia’s Juvenile Code: a Case for Revision
Authors: Genie Key
Publisher: JUSTGeorgia, 2007

Georgia’s Juvenile Code Revision:  Juvenile Code Revision Efforts in Other States
Authors: Genie Key and Steve Reba
Publisher: JUSTGeorgia, 2007

Georgia’s Juvenile Code Revision: Revisions of Georgia Code Sections by the State Bar
Publisher: JUSTGeorgia, 2007

2006

Open or Closed: An Overview of the Current Opinions and Realities of Opening Juvenile Court Deprivation Proceedings
Authors: Lynne Tucker, Laurie-Ann Fallon, Beth Locker, and Jessica Gordon
Publisher: Barton Child Law and Policy Center, Emory Law School, 2006

Prior to January 1, 2010, the effective date of Senate Bill 207, Georgia’s juvenile court dependency proceedings were closed to the public. Judges, attorneys, and others involved with juvenile courts had engaged in conversations about this issue for over ten years before SB 207 was passed. The Barton Center produced a white paper in 2000 to inform the conversation and updated the paper in 2005 and 2006. At the time of the 2006 update, there were legitimate concerns sides on both sides of the open court debate, but the data were insufficient to judge the effectiveness of open courts. This paper presents the information that was available on the benefits and drawback of open courts and recommended that open court pilot programs be operated long enough to assess the effectiveness of open courts on the entire system and the children.

2005

Georgia’s Responsibility Toward Children in Foster Care: A Reference Manual
Author: Danette Joslyn-Gaul
Publisher: Barton Child Law and Policy Center, Emory Law School, 2005

This manual integrates requirements about caring for children in state custody into one reference document. Details about how Georgia must fulfill its responsibility to children in foster care are enumerated in a complex combination of state and federal statutes, court decisions, state regulations, agency policies, and local practice—this manual summarizes all these sources in one document that provides a clear approach to examining foster care requirements and an opportunity to examine gaps in practice. In addition to explaining the details of Georgia's responsibilities toward children in foster care, the manual delineates the federal child welfare laws that guide Georgia policy and practice, discusses the funding streams through which federal money flows to Georgia for the care of abused children and their families, and discusses ways that compliance with laws and policies is monitored.

Executive Summary
Full Manual

Detention Assessment Instruments
Author: Jessica Breaux
Publisher: Barton Child Law and Policy Center, Emory Law School, 2005

This research paper examines how Detention Assessment Instruments are being implemented in different states and how such instruments are contributing to detention reform. It was created for the Legislative Juvenile Code Re-Write Study Committee.

Georgia’s Sunshine Laws
Author: Melanie Mendenhall
Publisher: Barton Child Law and Policy Center, Emory Law School, 2005

The Georgia Open Meetings Law and Open Records Law are jointly referred to as the Georgia Sunshine Laws. The legal memo and fact sheets examine Georgia’s Open Meetings and Open Records Laws and provide details about what the laws require and how citizens can enforce the laws.

FAQ on Open Meetings
FAQ on Open Records

2004

A Child’s Right to Legal Representation in Georgia Abuse and Neglect Proceedings
Authors: Melissa Dorris (now Carter) and Beth Locker
Publisher: 10 Georgia Bar Journal 12 (2004)

This article, the lead article in the August 2004 Georgia Bar Journal, analyzes the federal and state statutory and constitutional sources of the right to representation for children and identifies inconsistencies in Georgia law that contribute to systemic confusion about a child’s right to representation in Georgia’s juvenile courts. Available on page 12 of http://gabar.org/public/pdf/GBJ/aug04.pdf

Representing the Whole Child: A Juvenile Defender Training Manual
Author: Amy Howell and Brooke Silverthorn
Publisher: Southern Juvenile Defender Center, Emory Law School, 2004

This manual for juvenile defense attorneys is a general guide to appropriate and zealous advocacy on behalf of youth in juvenile court delinquency or unruly proceedings. The manual takes a holistic approach to juvenile defense, evaluating all the factors that may have contributed to delinquent behavior to assist with proper representation and handling through the system. The book helps juvenile defense attorneys recognize a youth's many areas of need to ensure zealous advocacy and the provision of appropriate disposition options.

Creating a Children’s Budget: a Backgrounder
Author: David White
Publisher: Barton Child Law and Policy Center, Emory Law School, 2004

This white paper explains what a children’s budget is and how states and localities can create a children’s budget, discusses approaches to creating a children’s budget, provides examples from other states, and lists resources related to children’s budgets.

Educational Stability for Youth in Foster Care
Author: Beth Locker
Publisher: Barton Child Law and Policy Center, Emory Law School, 2004

This fact sheet provides an overview of the McKinney Vento Act provisions that address the educational rights of homeless youth, including many children in the custody of the Georgia Department of Human Resources Division of Family and Children Services.

Georgia Foster Parents Bill of Rights
Author: Soledad McGrath
Publisher: Barton Child Law and Policy Center, Emory Law School, 2004

This fact sheet describes the history of House Bill 1580, which added the “Foster Parents Bill of Rights” to the Georgia Code. It summarizes the rights of foster parents that are specified in this legislation.

2003

Foster Parenting and SB 236
Author: Melissa Dorris (now Carter)
Publisher: Barton Child Law and Policy Center, 2003

Senate Bill 236 clarified Georgia foster parents’ rights to receive notice and be heard in cases involving the children in their care. This fact sheet answers questions about the provisions of SB 236 and its meaning and application for caregivers.

Federal Oversight and Private Actions: Maintaining a Balance in Rights Enforcement of Federal Child Welfare Legislation
Author: Melissa Dorris (now Carter)
Publisher: 23 Children’s Legal Rights Journal 23 (Winter 2003-2004)

This law journal article discusses federal child welfare law in the context of opportunities to enforce rights for abused and neglected children.  It explores the primary legal sources of rights for children and examines the structure and purpose of enforcement mechanisms available through individual litigation and system regulation.  The article concludes with an assertion that a comprehensive rights enforcement scheme, including private rights of action and federal regulatory oversight, is necessary to restore the balance intended by federal child welfare legislation and to achieve meaningful child protection outcomes.

Defining Reasonable Efforts: Demystifying the State’s Burden under Federal Child Protection Legislation
Author: Will Crossley
Publisher: 12 Boston University Public Interest Law Journal 259 (2003)

This law review article discusses federal and state mandates for child welfare agencies to make reasonable efforts to preserve and reunify families. It examines the lack of enforcement of these provisions, how states define reasonable efforts, and what state and federal policy makers should do as long as federal funding is tied to state agencies making reasonable efforts.

Community Supervised Visitation Centers Manual
Authors: Rebecca Bruck, Theresa Hoffman, and Keri White
Publisher: Barton Child Law and Policy Center, Emory Law School, 2003

This how-to manual explains what is involved in opening a community visitation center for youth in foster care. It was written to assist the Georgia Department of Human Resources Division of Family and Children Services comply with the Program Improvement Plan (PIP) developed in response to the 2001 Child and Family Services Federal Review. One of the PIP items required Georgia to increase the number of visitation centers in the state.

Definition of Relative Under Georgia and Federal Law
Authors: Mary Margaret Oliver and Melissa Dorris (now Carter)
Publisher: Barton Child Law and Policy Center, Emory Law School, 2003

This paper helps Georgia policy makers and legislators understand the use of the term “relative” in federal and state statutes relating to abused and neglected children. It outlines the questions that must be resolved to clarify the policies relating to preferred relative placements for children taken into state custody.

The Rights of Georgia State Employees to Participate in Political Activity
Authors: Mary Margaret Oliver and Melissa Dorris (now Carter)
Publisher: Barton Child Law and Policy Center, Emory Law School, 2003

This article examines the First Amendment constitutional protection of freedom of speech that is enjoyed by all citizens, including state employees. It discusses state and federal laws that attempt to limit this constitutional protection based on an individual's status as a government employee.

Policy Paper Appendix 2
FAQ on State Employees' Rights to Participate in Political Activity

Foster Parents and the Juvenile Courts in Georgia: a Survey Assessment about the Right to Notice and Opportunity to be Heard
Author: Laura Haskins
Publisher: Barton Child Law and Policy Center, Emory Law School, 2003

This paper presents the findings of a research project undertaken to understand how Georgia juvenile courts were implementing the Adoption and Safe Families Act provisions relating to foster parents’ rights to have notice of and an opportunity to be heard at hearings.

2002

Workplace Supports to Improve Georgia’s Child Protective Services
Authors: Andy Barclay, et. al.
Publisher: Barton Child Law and Policy Center, Emory Law School, 2002

This policy paper provides recommendations for stabilizing the workforce and improving the workplace of child protective services case managers in Georgia. The turnover rate for Department of Human Resources Division of Child and Family Services (DFCS) workers in 2000 was 44%. Fulton County had a turnover rate of 70% in 1999. This paper identifies and discusses successful strategies for implementing the recommendations of the April 2000 Governor’s Child Protective Services Task Force report and the Georgia Department of Human Resources Division of Family and Children Services (DFCS) plan for child welfare reform, “Safe Futures for Georgia’s Children.”

New Challenges for the Georgia General Assembly: Survey of Child Endangerment Statutes
Authors: Mary Margaret Oliver and Will Crossley
Publisher: 7 Georgia Bar Journal 8 (2001)

In 2001, Georgia was the only state in the country with no specific criminal child endangerment statute. House Bill 453, introduced in the 2002 legislative session, created such a statute. This article analyzes the issues surrounding the possible enactment of this proposed legislation and provides examples and analysis of how other states have addressed this issue.

2001

Barton Clinic 2001 Policy Paper Strategies to Strengthen Georgia’s Child Protective System:  A Policy Paper for the 2001 General Legislative Session
Authors: Andy Barclay, et. al.
Publisher: Barton Child Law and Policy Center, Emory Law School, 2001

The Barton Clinic was the lead organization during the 2001 legislative session for the Georgia Children’s Agenda in the area of safety. The specific agenda item was to “Strengthen Georgia's Child Protective Services’ Capacity to Protect Children from Abuse and Neglect.” This policy paper details the primary problems with the Child Protective Services system and provides recommendations for first steps toward lasting solutions.

Pimping Pandering Legislative Comparison
Author: Stephen Fusco
Publisher: Barton Child Law and Policy Center, Emory Law School, 2001

In 2001, the pimping of a minor was a misdemeanor criminal offense in Georgia. During the 2001 legislative session, four bills were introduced to make pimping a minor and pandering a minor felony offenses. This paper analyzes the bills, raises critical policy questions, and provides examples from other states' statutes.

Children's Agenda Item: Strengthen Georgia's Child Protective Services' Capacity to Protect Children from Abuse and Neglect
Author: Karen Worthington
Publisher: Barton Child Law and Policy Center, Emory Law School, 2001

This policy brief explains the legislative priority of strengthening Georgia's child welfare agency and provides recommendations for achieving this goal. The Barton Center was the lead organization for the 2001 Georgia Children's Agenda item addressing child abuse and neglect.


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