Child Abuse and Neglect Litigation: A Manual for Judges

• NCJ Number: 108679
• Author(s): H A Davidson; R M Horowitz; T B Marvell; O W Ketcham
• Date Published: 1981
• Length: 267 pages
• Sponsoring Agency: US Dept of Health and Human Services
• Corporate Author: National Ctr for State Courts; American Bar Assoc
• Sale Source: Superintendent of Documents, GPO; National Institute of Justice/
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

This manual for judges addresses issues commonly faced in child protective litigation, with special attention to the practical aspects of child abuse and neglect and the judge's rule as court administrator and advocate.

Abstract

Introductory materials cover the nature and extent of child maltreatment, reporting, child protective services, and the court role in interagency coordination. Procedures for intake and initiation of court action are examined, including emergency procedures, petitions, and screening. The need for representation of the child and the role of the child's attorney or lay guardian are discussed, and some lay guardian programs are described. Scheduling and conduct of hearings is considered, the rules of evidence are reviewed. The legal rights of parents are delineated, and criminal prosecution of abusive parents is discussed, together with a consideration of collection of relevant evidence (social reports, psychiatric/psychological evaluation). Guidelines are provided for improving social worker and expert testimony and for dealing with the media. Finally, negotiated settlements, court-ordered supervision, removal from the home, and termination of parental rights are discussed as potential dispositions. Support readings, footnotes, figures, and index.