Adoption of ABA Model Access Act
ADOPTED AS REVISED
RESOLVED, That the American Bar Association adopts the black letter and commentary of the ABA Model Access Act, dated August 2010.
SECTION 2. DEFINITIONS.
- “Basic human needs” means shelter, sustenance, safety, health, and child custody.
v. “Child custody” means proceedings in which: (i) the parental rights of a party are at risk of being terminated or restricted, whether in a private action or as a result of proceedings initiated or intervened in by the state for the purpose of child protective intervention, and, recognizing that needs, priorities and resources may differ from jurisdiction to jurisdiction, (ii) a parent’s right to residential custody of a child or the parent’s visitation rights are at risk of being terminated, severely limited, or subject to a supervision requirement, or (iii) a party seeks sole legal authority to make major decisions affecting the child. This definition includes the right to representation for children only in proceedings initiated or intervened in by the state for the purposes of child protective intervention.
VIDEO: Resolution #104 Debate
Tags: ABA Model Access Act--Resolution #104, Coalition for Justice, Commission on Homelessness and Poverty, Commission on Immigration, Commission on Interest on Lawyer Trust Accounts, Judicial Division, New York State Bar Association, Philidelphia Bar Association, Santa Clara County Bar Association, Section of Litigation, Senior Lawyer Division, Special Committee on Death Penalty Representation, Standing Committee on Federal Judicial Improvements, Standing Committee on Legal Aid and Indigent Defendants, Tort Trial and Insurance Practice Section
ADOPTED AS REVISED
RESOLVED, That the American Bar Association adopts the black letter and commentary of the ABA Model Access Act, dated August 2010.
SECTION 2. DEFINITIONS.
- “Basic human needs” means shelter, sustenance, safety, health, and child custody.
v. “Child custody” means proceedings in which: (i) the parental rights of a party are at risk of being terminated or restricted, whether in a private action or as a result of proceedings initiated or intervened in by the state for the purpose of child protective intervention, and, recognizing that needs, priorities and resources may differ from jurisdiction to jurisdiction, (ii) a parent’s right to residential custody of a child or the parent’s visitation rights are at risk of being terminated, severely limited, or subject to a supervision requirement, or (iii) a party seeks sole legal authority to make major decisions affecting the child. This definition includes the right to representation for children only in proceedings initiated or intervened in by the state for the purposes of child protective intervention.
VIDEO: Resolution #104 Debate
