Children and the Law in New York
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e Meeting Hall CHILDREN AND THE LAW IN NEW YORK A Policy Symposium Proceedings The Meeting Hall Association of the Bar of the City of New York March 11, 2004 Gertrud Lenzer Children’s Studies Center Brooklyn College The City University of New York CHILDREN AND THE LAW IN NEW YORK The Brooklyn College Children’s Studies Center has organized this policy symposium to provide a child- centered and human rights perspective on the major issues of child welfare, education, health and mental health, and children in the juvenile justice and criminal justice systems in New York and to advance the rights of children in these institutions. Speakers will include members of the The City University of New York, city and state legislative and judicial branches, major New York child advocacy organizations, and child advocates from the Offices of the Child Advocate of Connecticut, New Jersey and Rhode Island. ”CHILDREN AND THE LAW IN NEW YORK” is funded by a grant from the Carnegie Corporation of New York with additional support and assistance from the City University of New York Office of Academic Affairs and from the Office of the President of Brooklyn College. Gertrud Lenzer Director, Brooklyn College Children's Studies Program and Center Copyright @ 2004 Gertrud Lenzer, Brooklyn College. All Rights Reserved. i ACKNOWLEDGMENTS This policy symposium, organized by the Brooklyn College Children’s Studies Center, would not have been possible without the funding and support of our sponsor, the Carnegie Corporation of New York, and additional support from The City University of New York Office of Academic Affairs and from the Office of the President of Brooklyn College. We would like to take this opportunity to give special thanks to Dr. Vartan Gregorian, President of the Carnegie Corporation of New York, and members of his staff, Dr. Daniel Fallon and Mr. Andréas Henríquez. We wish to acknowledge and express our appreciation to the members of our Advisory Committee, who helped support and guide us in this ambitious endeavor: Dr. Benno C. Schmidt, Jr., Chairman, Board of Trustees of The City University of New York; Dr. Louise Mirrer, Executive Vice Chancellor for Academic Affairs of The City University of New York; Vice Chancellor Jay Hershenson, Secretary to the Board of Trustees and Vice Chancellor for University Relations of the City University of New York; Dr. Christoph M. Kimmich, President, Brooklyn College of the City University of New York; Howard Davidson, Esq., Director, American Bar Association Center on Children and the Law, Washington, D.C.; New York; Monica Drinane, Esq., Attorney-in-Charge, Juvenile Rights Division, Legal Aid Society, New York; Dr. Vartan Gregorian, President, Carnegie Corporation of New York; The Honorable Joseph M. Lauria, Administrative Judge, New York City Family Court; Mr. Hank Orenstein, Director, Child Welfare Project, Office of the Public Advocate, New York City; and The Honorable Charles E. Schumer, U.S. Senator, New York State, an honorary member of the Advisory Committee. Our speakers were of extraordinary caliber, knowledge and range of expertise. We would like to express our deep appreciation for their contributions to the policy symposium: Dr. Benno C. Schmidt, Jr., Chairman, Board of Trustees of The City University of New York; The Honorable Dennis M. Walcott, Deputy Mayor for Policy, Office of the Mayor, New York City; Dr. Louise Mirrer, Executive Vice Chancellor for Academic Affairs of The City University of New York; Dr. Christoph M. Kimmich, President, Brooklyn College of the City University of New York; Ms. Jenelle Grant-Primo, Student, Brooklyn College of the City University of New York; Darla M. Silva, Esq., Deputy Director, Office of Public Policy and Advocacy, United States Fund for UNICEF, Washington, D.C.; Howard Davidson, Esq., Director, American Bar Association Center on Children and the Law, Washington, D.C.; Marcia Robinson Lowry, Esq., President and Executive Director, Children’s Rights, Inc., New York; Karen Freedman, Esq., Executive Director, Lawyers for Children, New York (Moderator); Monica Drinane, Esq., Attorney-in-Charge, Juvenile Rights Division, Legal Aid Society, New York; Elisa Hyman, Esq., Deputy Director, Advocates for Children, Inc., New York; The Honorable Clark V. Richardson, Supervisory Judge, Family Court, Bronx County, New York; The Honorable Steven Sanders, Chair, Committee on Education, New York State Assembly; Deborah Seidenberg, Chief of the Family Court Division, New York City Law Department; Ms. Mishi Faruqee, Director, Juvenile Justice Project, Correctional Association of New York; Mr. Andre Holder, Youth Organizer, Juvenile Justice Project, Correctional Association of New York; The Honorable Joseph M. Lauria, Administrative Judge, New York City Family Court (Introduction of luncheon address speaker.); The Honorable Michael A. Corriero, Justice, New York State Supreme Court; Mr. Brian Lehrer, “The Brian Lehrer Show,” WNYC Radio, New York (Moderator); Laureen D’Ambra, Esq., Child Advocate, Office of the Child Advocate, State of Rhode Island; The Honorable Jeremiah Jeremiah, Chief Judge, Family Court, State of Rhode Island; Ms. Jeanne Milstein, Child Advocate, Office of the Child Advocate, State of Connecticut; Kevin M. Ryan, Esq., Child Advocate, Office of the Child Advocate, State of New Jersey; The Honorable Yvette D. Clarke, Chair, Fire and Criminal Justice Services Committee, New York City Council; The Honorable Betsy Gotbaum, Public Advocate, City of New York; The Honorable Roger L. Green, Chair, Committee on Children and Families, New York State Assembly; The Honorable Rhoda S. Jacobs, Assistant Speaker, New York State Assembly; and The Honorable Kevin S. Parker, New York State Senate. We would also like to acknowledge the contribution of Mr. Chad Vignola, Esq., General Counsel, New York City Department of Education, Office of the Chancellor, who could not be with us that day but kindly sent in his contribution to the proceedings. We are extremely fortunate to have the help of many people from The City University of New York and wish to acknowledge their invaluable assistance and support. In particular, we would like to thank Vice Chancellor Jay Hershenson, Vice Chancellor for University Relations and his staff; Mr. Michael Arena, University Director for Media Relations; Mr. Andre Beckles, Photographer; and Mr. Bob Isaacson, Executive Director of CUNY TV and his staff. ii Our very capable and helpful colleagues and friends at Brooklyn College provided much assistance. We wish to thank in particular Ms. Irma Kramer, our colleague and faculty member in the Children’s Studies Program, for her dedication and significant contributions to this Symposium. She has been a stalwart ally from the early planning stages onward. We would also like to express our thanks to the Office of Publications – Dr. Barbara Heyman, Ms. Elaine Weisenberg, Ms. PatriciaWillard, Ms. Lisa Lincoln, and Ms. Lisa Panazzolo; the Office of Research and Sponsored Programs -- Ms. Barbara Naso and her staff; the TV/Radio Department – Mr. George Casturani and his staff; the Mailing Services Department -- Ms. Madonna Charles and her staff; and the Office of Campus Security and Public Safety -- Mr. Donald Wenz and his staff; Dr. Melanie Bush; and Dr. Amy Siskind. We have many friends of Brooklyn College and from the larger community who have helped us when we most needed them. In particular, we owe a great debt to Dr. Sandy Slipp, Director of OPT Associates, Inc. Her friendship, collegial support and professional advice have sustained us throughout. We would like to record our gratitude to the Honorable Judith L. Kreeger and to the Honorable Sandra Karlan, Family Court, 11th Judicial Circuit, Dade County, Florida. Our thanks also go to Ms. Cindy Brown, Ms. Sara Ann Friedman, and Ms. Anna Lemond. We believe that our students are some of the best within the City University of New York, and we would like to acknowledge the contributions that they have made to this policy symposium through their volunteer efforts and dedication. Much appreciation goes to Ms. Janet Abed, Ms. Elana Desrivieres, Ms. Janelle Grant-Primo, Ms. Josephine Greco, Ms. Jeanette Gregory, Ms. Carianne Johnson, Ms. Kathy Kim, and Ms. Huan Yuan Zhang. We would like to thank Mr. Nicholas Marricco and his staff from the Association of the Bar of the City of New York; Ms. Wendy Laurence and the staff at the Algonquin Hotel; and Mrs. Glorieux Dougherty for her expert copy editing skills. We were fortunate to receive many generous contributions of materials for the policy symposium. We wish to acknowledge and thank the representatives from the following organizations: American Bar Association Center on Children and the Law; Children’s Rights, Inc., Committee on Children and Families, New York State Assembly; Juvenile Justice Project, Juvenile Rights Division of the Legal Aid Society; Lawyers for Children; Offices of the Child Advocates from Rhode Island, New Jersey, and Connecticut; the United States Fund for UNICEF. Our indebtedness goes foremost to Ms. Loretta Chin, Conference Manager and Ms. Sevda Mammadova, Office Manager and Conference Web Master, both of whom dedicated their considerable talents and energies to making this symposium successful. Their commitment to the children of New York and their untiring efforts have been exemplary and are recorded here with much gratitude. We are also grateful for the help that we received from our dedicated student staff members. Many thanks to Ms. Jenelle Grant-Primo, Ms. Olga Tratsevitskaya, Ms. Nusrat Zahan, and Mr. Ali Zinulabdin. Gertrud Lenzer Principal Investigator Children and the Law in New York Policy Symposium Professor Brooklyn College and The Graduate Center Director, Children's Studies Program and Center iii ollege TABLE OF CONTENTS i Introduction Gertrud Lenzer ii Acknowledgments iv Letter from the Chancellor Matthew Goldstein SYMPOSIUM PROCEEDINGS WELCOMING REMARKS 1 Benno C. Schmidt, Jr., Chairman Board of Trustees of The City University of New York 3 The Honorable Dennis M. Walcott, Deputy Mayor for Policy Office of the Mayor New York City 5 Louise Mirrer, Executive Vice-Chancellor for Academic Affairs of The City University of New York 6 Christoph M.