Child Abuse and Neglect Laws and Legal Proceedings (From APSAC Handbook on Child Maltreatment, P 271-296, 1996, John Briere, Lucy Berliner, et al, eds. - See NCJ-172299)

• NCJ Number: 172314
• Author(s): J A Bulkley; J N Feller; P Stern; R Roe
• Date Published: 1996
• Length: 26 pages
• Sale Source: Sage Publications, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Both civil and criminal laws and legal actions are available for dealing with child abuse and neglect, and the legal system has taken child maltreatment cases more seriously since the late 1970s.

Abstract

Parents and children have a right to family autonomy and privacy, and parents have a due process right to be notified of any abuse or neglect proceeding that involves their child. Parents also have the right to a trial, the right to confront witnesses in court, and the right to counsel. The type of representation a child receives varies, depending on the State. Every State has a law requiring the reporting of suspected child maltreatment. These laws provide that, when a mandated individual reports child maltreatment in good faith, he or she is immune from civil or criminal liability. Juvenile court actions, governed by State statutes, are generally only available for parental abuse and neglect, although child protective service (CPS) agencies may investigate some cases involving nonparents. Juvenile court statutory definitions of child abuse and neglect vary widely but they share certain underlying principles. In general, CPS agencies initiate a civil child protection proceeding by filing a petition with the court. Unlike juvenile or criminal court actions, domestic relations proceedings involve disputes between two private parties. Child abuse may be an issue in domestic relations proceedings, domestic violence proceedings, and civil torts and damage actions. In criminal proceedings, crimes involving child abuse are defined by State penal or criminal laws. Unless severe injury or death results, physical abuse and neglect are much less frequently prosecuted than sexual abuse. In most States, police agencies investigate child abuse by gathering statements and physical evidence and submitting the case to the prosecutor for a decision on whether to file criminal charges. In deciding whether to charge a criminal case, the prosecutor must analyze whether there is admissible evidence to prove a defendant has violated the State's criminal statutes. Consideration is paid to trial procedures, hearsay evidence, expert evidence, prior abusive acts of the defendant, the abrogation of privileged communications, the competency of child witnesses, and legal innovations in child abuse and neglect cases. 131 notes