Friday, November 20, 1998

FSU Moot Court Team
Final Four Competition

Facts and Issues:

Members of the Florida State University Moot Court Team are presenting an argument to the Supreme Court to determine what rights are given to minor children in a situation where parental abuse is alleged. Petitioners, Jimmy M. and Carla M. are brother and sister. Their cases have been joined despite differences in the facts. Jimmy M. attended school with a sling on his arm and a patch over his eye. After speaking with Jimmy, a teacher reported the possibility that the father, John M., had abused Jimmy. Originally, Jimmy explained that the injuries were caused by a skateboarding accident. The Department of Children's Services conducted an investigation and concluding the abuse was "unfounded" and leaving Jimmy in the home. Jimmy M. now appeals the decision requesting an administrative review of the investigation. In a separate case, Carla M. was removed from the home of her father and brother and placed into foster care after a petition alleging child abuse was filed. John M. admits to binding Carla's arm behind her back in an effort to deter her from certain behaviors. While Carla has suffered ligament damage from the punishment, she wishes to return home. Carla now appeals because her court appointed attorney failed to represent her wishes during the proceedings.

About The FSU Moot Court Team:

The Florida State University College of Law Moot Court Team is composed of 30 students who compete in National and Regional competitions throughout the academic year against teams from other law schools on a wide range of legal topics. The Final Four Competition is presented each year by the Moot Court Team to determine the winner of the annual Best Oralist honors for the team. The four finalists received the four highest scores, based on a written brief and three rounds of oral arguments, from the Spring Intramural Competition. The Intramural Competition is held each Spring to select the team's 15 new members.

Oralists will argue what constitutional due process rights are afforded minor children when parental child abuse is alleged. Specifically, competitors will argue on behalf of either the State of California or two minor children to determine whether the Fourteenth Amendment requires that court appointed counsel be available to minors in a contested dependency proceeding and if the state must notify a minor of his or her qualification for state sponsored protective services and provide an opportunity for the minor to appeal such a determination.