NCJ Number
147635
Journal
Trial Volume: 30 Issue: 2 Dated: (February 1994) Pages: 30-36
Date Published
1994
Length
7 pages
Annotation
Based on an analysis of case law, this article describes those circumstances under which a child protective services agency or worker may be legally liable for failure to protect a child or for violation of parental rights and the rights of children.
Abstract
Liability for inadequate protection of children may occur when an agency or worker fails to accept a report of suspected abuse as required by law. Liability may also result if a proper investigation is not conducted after receiving a report of suspected child abuse. Failure to place an endangered child in protective custody has also resulted in successful claims of liability against agencies and workers. An agency or worker may incur liability for violating parental or children's rights by conducting an unreasonably intrusive and insensitive investigation. Most lawsuits that involve unnecessarily intrusive investigations concern caseworker examinations of children. Even if there is reasonable cause to suspect maltreatment, the examination must not be unnecessarily intimate or humiliating to the child. Parental rights may be violated through slanderous investigations, wrongful removal of children from the home, malicious prosecution, and the disclosure of confidential information. 22 notes