NCJ Number
77776
Date Published
1981
Length
270 pages
Annotation
Focusing on the practical aspects of a judge's work in abuse and neglect cases, this manual addresses issues commonly involved in child protective litigation.
Abstract
Each year U.S. courts hear over 200,000 child abuse and neglect cases. Regardless of the court or frequency of occurrence of this type of case, every judge faces difficult decisions. These decisions include determining whether the alleged neglect occurred, where the child should live, what services the family should receive, when State intervention into the family unit should cease, and whether parental rights should be terminated. In reaching such decisions, precedent provides little help because the facts and family dynamics of each case are unique, and outcome predictions are difficult to make. This manual is designed to assist judges in making these decisions. Major topics addressed include abuse and neglect, the child protective system, and the role of the courts; intake and initiation of court action; representation of the child; court hearings; and legal rights of involved parents. Also discussed are privacy records, criminal prosecution of abusing parents, and collection of evidence and information. Improving social worker and expert testimony and coping with the media are outlined. Finally, negotiated settlements, court-ordered home supervision, removal from the home, and termination of parental rights are examined. Each of these sections is amplified by excerpts from proposed professional standards, law review articles, books, court rules, attorney and social worker guides, and other aids developed for use in individual jurisdictions. An index is included, and each section provides extensive footnotes.