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16 de outubro de 20244 minute read

Advocating on behalf of children worldwide

DLA Piper is dedicated to advocating on behalf of children worldwide, a key part of the firm’s pro bono mission. We carry out this mission in many ways, including securing asylum for children fleeing their home countries, representing children in juvenile court, serving as guardians ad litem in abuse and custody cases, and advocating for children in schools.

Helping a child find safety in the US

Assisting immigrant children who come to the US to escape unsafe environments at home is an integral part of our work. In collaboration with in-house counsel from Microsoft, a team of lawyers recently obtained a grant of asylum for an unaccompanied minor who, at 15-years-old, fled Afghanistan for the US because of the persecution he experienced at the hands of the Taliban. The team secured humanitarian parole and before submitting an application for asylum on the child’s behalf. After winning asylum, the team continues to advocate for reunification with his parents and siblings who remain in Afghanistan. The client will graduate from high school in June and plans to attend college to pursue a degree in cybersecurity. Our team on this matter consisted of David Stier, Ankur Desai (both Washington, DC), and Sarah Walsh (New York), with Whitney Pryor, in-house counsel at Microsoft. Kids in Need of Defense (KIND) provided outstanding support throughout, and Peter Klensch and Camille Perral (both New York) offered key research assistance.

Commitment to juvenile justice

Key to our focus on juvenile justice is representing children in school disciplinary proceedings and keeping them from the school-to-prison pipeline, to serving as amicus counsel to the US Supreme Court in juvenile justice cases.

For example, DLA Piper served as amicus counsel to retired superintendents, who filed a brief in a California appellate matter involving the expulsion of a student who brought a toy gun to school – his first behavioral infraction. The superintendents shared their expertise, drawn from decades working as teachers and school administrators, on the negative impacts of exclusionary measures on individual and schoolwide outcomes, as well as on the positive impacts of inclusionary, nonpunitive reforms on schools and children. Referencing themes from the amicus brief, the appellate court found that the school district prejudicially abused its discretion in deciding to expel the student.

Furthermore, DLA Piper's lawyers have made efforts to end juvenile life without parole. This includes local advocacy efforts to change state sentencing laws as well as involvement in US Supreme Court cases as amicus counsel where the court ultimately ruled that mandatory life without parole is unconstitutional for children.

Interactions with the criminal justice system have long-term implications. As an increasing number of states allow those with criminal records to petition for expungement and other forms of relief, our lawyers – in partnership with local legal aid organizations and firm clients – assist youth in clearing their records and, as a result, increase their access to employment, education, and safe housing.

Serving as guardians ad litem, ensuring children are supported

DLA Piper lawyers routinely act as guardians ad litem in custody and abuse cases, assuring that the best interests of the child are accurately represented and passionately advocated for. For example, Luyao Zhang (Washington, DC) carefully advocated for a child’s best interests in a custody case filed by her maternal grandmother. Luyao conducted a thorough investigation and interviewed related parties – parents, the maternal grandmother, other relatives, and the child’s teachers and doctors. On a near monthly basis, Luyao visited the child at home or school to best understand her needs and concerns and attended hearings to update the court on the status of the case. Ultimately, following Luyao’s recommendation at a court hearing, the child’s maternal grandmother was awarded custody of her granddaughter.

Among the firm’s related work, Merle Cowin and Collin Pellettieri (both Chicago) assisted in pro bono cases involving parents who lost, and subsequently sought to regain, custody of their children. Merle and Collin acted as guardian ad litem for the children and conducted in-person interviews with the families, seeking to understand all aspects of each situation before making an informed recommendation.

In addition to guardian ad litem work, DLA Piper lawyers regularly represent families in adoption proceedings. In Los Angeles, Anosh Ali and Benjamin Mulcahy (both Los Angeles) finalized the adoptions of two children, ages two and four, who entered the foster system due to neglect and abuse. Those children are now in a safe, new home. Firm lawyers frequently represent families as part of National Adoption Days, and in November 2023, the firm collected and distributed gift bags for children at the juvenile court.

We are proud of our lawyers’ commitment to advocating for children around the world.

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