Bernard P. Perlmutter

Professor of Clinical Legal Education

J.D. 1983, University of Miami School of Law

Phone: 305-284-3123
Office: F305

Bernard P. Perlmutter is Professor of Clinical Legal Education and Co-Director of the Child & Youth Law Clinic. In addition to his teaching duties at the Clinic, Professor Perlmutter teaches Family Law, Transnational Family Law, Children and the Law, and New Directions in Lawyering: Interviewing, Counseling and Attorney-Client Relational Skills.

At the Children & Youth Law Clinic, Professor Perlmutter teaches and supervises second- and third-year law students who handle cases involving abused, abandoned and neglected children and adolescents in a variety of legal proceedings, including dependency and foster care, public benefits, health care, mental health, disability, education and immigration cases, in addition to appellate, legislative and administrative advocacy and law reform litigation.

He and the Clinic represented the petitioner M.W. before the Florida Supreme Court in the landmark case of M.W. v. Davis & DCF, which resulted in the Court's adoption of a rule that establishes due process protections, including pre-commitment hearings and the right to counsel, for foster children committed to psychiatric facilities by the state Department of Children & Families.

He has litigated numerous federal and state court class action lawsuits seeking to reform Florida's foster care system. He has submitted amicus curiae briefs in a number of cases of national significance, including Roper v. Simmons (juvenile death penalty), GAL v. S.C.(foster child's right to medical records privacy), DCF v. Statewide Advocacy Council(advocacy council's access to confidential records held by Department of Children & Families), and cases affecting older foster children, immigrant children and disabled children.

Professor Perlmutter has published law review articles on the due process rights of foster children facing commitment to psychiatric facilities, the use of therapeutic jurisprudence in clinical legal education, the constitutionality of shackling children in juvenile court, and children's medical privacy rights in juvenile and family court hearings. He was appointed by the President of the Florida Bar to serve on the Florida Bar Commission on the Legal Needs of Children, has served on the Boards of Directors of Florida's Children First and the Florida Immigrant Advocacy Center, and the National Association of Counsel for Children (NACC) National Children's Law Office Project Advisory Board. He has also served on the Florida Bar Legal Needs of Children Committee, Juvenile Court Rules Committee, and the Public Interest Law Section Legal Needs of Children Committee.

Professor Perlmutter was formerly a staff attorney at Legal Services of Greater Miami. While on a leave of absence from Legal Services, he served as the Director of the Children's Law Project in the Civil Law Clinic at Nova Southeastern University Shepard Broad Law Center.

Professor Perlmutter has received the National Association of Counsel for Children's 2003 Outstanding Legal Advocacy Award, the Clinical Legal Education Association's 2003 Award for Excellence in a Public Interest Law Case or Project, two Florida Bar Foundation Steven M. Goldstein First Runner-Up Awards for Excellence (in 2001 and 2003), and the Florida Bar Public Interest Law Section's Honorable Hugh S. Glickstein Child Advocacy Award, given to the members of the Florida Bar Commission on the Legal Needs of Children in 2002. In 2005 Professor Perlmutter received the C. Clyde Atkins Civil Liberties Award from the Greater Miami Chapter of the American Civil Liberties Union, the inaugural Miami-Dade County Children's Trust Champion for Children Award, and the Mental Health Advocate of the Year Award from the Florida Statewide Advocacy Council. In 2007 he was presented the Richard Hausler Professor of the Year Award by the University of Miami School of Law Society of Bar and Gavel. In 2011 he received the Sookie Williams Award for Exemplary Service to the Miami-Dade Legal Community from the Daily Business Review and Dade County Bar Association. He is a member of the University of Miami honor society, Iron Arrow.

Professor Perlmutter has a B.A. from Bennington College, did graduate work in English and Comparative Literature at Brandeis University, and received his J.D. from University of Miami School of Law.

 Publications

"Advocacy for Foster Youth in Mental Health Commitment Proceedings," Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abuse, Neglect and Dependency Cases, 3rd edition (2016).

Florida Youth Health Rights Handbook (2013).

More Therapeutic, Less Collaborative?: Asserting the Psychotherapist-Patient Privilege on Behalf of Mature Minors, 17 Barry L. Rev. 45 (2011).

Mental Health Commitment of Dependent Children: Due Process Rights, in Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abuse, Neglect and Dependency Cases (Donald Duquette & Ann Haralambie, eds.) (2nd ed)(2010).

"Unchain the Children:" Gault, Therapeutic Jurisprudence, and Shackling, Symposium: Forty Years After In Re Gault: Do Kangaroo Courts Still Rule?, 9 Barry L. Rev. 1 (2007).

George's Story: Voice and Transformation Through the Teaching and Practice of Therapeutic Jurisprudence in a Law School Child Advocacy Clinic, 17 St. Thomas L. Rev. 561 (2005).

Mental Health Commitment of Dependent Children: Due Process Rights (with Carolyn S. Salisbury), in Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abuse, Neglect and Dependency Cases 263 (Marvin Ventrell and Donald N. Duquette, eds., 2005).

"Please Let Me Be Heard:" The Right of a Florida Foster Child to Due Process Prior to Being Committed to a Long-Term, Psychiatric Institution (with Carolyn S. Salisbury), 25 Nova L. Rev. 725 (2001).

 Presentations

Interdisciplinary and Collaborative Approaches to Addressing Ethical Challenges of Vulnerable Populations: Focus on Foster Care and the Disabled, International Legal Ethics Conference, Fordham Law School, 2016.  

Rethinking Foster Care Symposium, University of Michigan Law School Child Advocacy Law Clinic, 2016.

Intersections with Immigration Issues: Recognizing and Addressing Legal Barriers for Immigrants in Your Courtroom, National Council of Juvenile and Family Court Judges Annual Conference, Las Vegas, Mar. 2010

Psychotropic Medications: How to Be an Effective Advocate for Children in Dependency, Florida's Children First CLE, Ft. Lauderdale, Feb. 2010

Can a Juvenile Be Imprisoned for Life Without Possibility of Parole Under International Law?, University of Miami School of Law International Law Lecture Series, Miami, FL, Nov. 2009

Legal Challenges to Shackling Immigrant Children in Immigration Court, On Their Own: Fourth Annual Conference on Unaccompanied Immigrant Children, National Center for Refugee and Immigrant Children: Presentation Conditions of Confinement: Children's Mental Health, Medical Care and Rights panel (Carnegie Endowment for International Peace, Washington, D.C., Oct. 2009

Representation to Realize Rights: A Summit on Counsel for Children in Miami: Health Rights of Children, University of Miami School of Law, Sept. 2009

Roles of the Child's Attorney and GAL and the Child's Perspective in Psychotropic Medication Hearings, Testimony to the DCF Gabriel Myers Working Group, Tampa, FL, Aug. 2009

"Unchain the Children": Toward a Human Rights and Therapeutic Jurisprudence Model of Advocacy to Unshackle Children in the Courtroom, 31st Congress on Law and Mental Health, International Academy of Law and Mental Health, NYU Law School, NY, June 2009

Procedural Rights of Children in State Care, Florida Bar CLE seminar on Psychotropic Medication Hearings in Dependency Court, Tampa, FL, May 2009

Juvenile Shackling: Legal and Psychological Perspectives, Mental Health and Juvenile Justice: Assessment, Diagnosis, and Treatment of Forensic Cases Conference, University of Miami Miller School of Medicine, Department of Psychiatry and Behavioral Sciences, Miami, FL, Jan. 2009

Advancing the Human Rights and Well-Being of Unaccompanied Immigrant Children, Race, Ethnicity, and Place Conference: Panel presentation at Fourth Biennial Conference hosted by the University of Miami (November 2008)

Medicaid/EPSDT Advocacy for Dependent Children in Juvenile Court, Florida Statewide Guardian Ad Litem Program Webinar CLE Training (Oct. 2008)

Serving the Whole Child: The Roles of Attorney, CASA (Court-Appointed Special Advocate) and GAL (Guardian ad Litem), National Association of Counsel for Children's conference (Savannah GA, August 2008)

"Unchain the Children": Gault, Therapeutic Jurisprudence and Shackling, Justice and Policing in Diverse Societies Conference, San Juan, PR, June 2008

Ethical Issues in Representing Immigrant Children and Families, On Their Own: Third Annual Conference on Unaccompanied Immigrant Children (John Marshall Law School, Chicago, March 2008)

The Use of Therapeutic Jurisprudence and the TJ/Preventive Law Model in Law School Clinical Teaching in Juvenile and Family Law Clinics, Association of American Law Schools Conference on Clinical Legal Education, San Diego, CA, May 2004 (Perlmutter and Salisbury)

Legal Issues of Children and Adolescents in Health Care Matters, University of Miami School of Medicine, Department of Family Medicine, Dr. John T. McDonald Foundation, School Health Initiative, Dec. 2003

Representation of Dependent Children in Mental Health Commitment Proceedings, Tampa, FL Nov. 2003

Educational Stability for Children in State Custody: What Can Be Done for Foster Children and Why?, sponsored by Dade Community Foundation, Legal Services of Greater Miami, Inc., University of Miami School of Law Children & Youth Law Clinic, Nov. 2003

Educational Stability for Children in Foster Care, University of Miami School of Education, Office of Research and Programs, Miami, FL, Oct. 2003

"Whose Business is It Anyway?" The Law of Confidentiality and Information Sharing of a Child's Records, Florida Bar Public Interest Law Section Legal Needs of Children Committee/Florida Bar Presidential Showcase CLE, June 2003

Representing Abused, Abandoned, Neglected Unaccompanied Minors in State Court Proceedings, Continuing Legal Education Pro Bono Seminars held in January, 2003 (co-sponsored by Children & Youth Law Clinic, Florida Immigrant Advocacy Center and the American Immigration Lawyers Association; March, 2003 (co-sponsored by FIAC and Holland & Knight); and July, 2003 (co-sponsored by Legal Aid Service of Broward County, Broward Lawyers Care, and FIAC).

Phone: 305-284-3123
Office: F305
Faculty Assistant

Cruz, Mary

Phone: (305)284-3123
Office: F305

Websites and Blogs

Child & Youth Law Clinic