DUE PROCESS IN CHILD PROTECTIVE PROCEEDINGS INTERVENTION ON BEHALF OF NEGLECTED CHILDREN

• NCJ Number: 9827
• Author(s): T T BECKER
• Date Published: 1971
• Length: 24 pages
• Corporate Author: American Humane Assoc
• Sale Source: American Humane Assoc
• Language: English
• Country: United States of America
• Note: REPRINT FROM THE CUMBERLAND-SAMFORD LAW REVIEW, V 2, N 2 (FALL 1971).

Annotation

SUGGESTIONS THAT THE ADJUDICATORY PHASE OF NEGLECT HEARINGS BE SEPARATED FROM THE DISPOSITIONAL PHASE AND THAT DUE PROCESS BE APPLIED MORE STRICTLY IN THE FORMER.

Abstract

WHERE NEGLECT IS THE ISSUE, THE COURT IS SEEKING TO BALANCE THE RIGHTS OF THE PARENT-RESPONDENT AGAINST THE RIGHTS OF THE CHILD TO PROTECTION FROM NEGLECT AND ABUSE. IN BALANCE, ALSO, IS THE RIGHT OF THE STATE TO INTERVENE AND TO PROVIDE PROTECTION FOR THOSE WHO, BECAUSE OF IMMATURITY, ARE UNABLE THEMSELVES TO COPE WITH THE DANGERS ARISING OUT OF PARENTAL NEGLECT. THUS, IN THE ADJUDICATORY HEARING OF A NEGLECT CASE, THE COURT IS WALKING A TIGHTROPE WITH ANY MISSTEP SERIOUSLY AFFECTING IMPORTANT RIGHTS - RIGHTS WHICH ARE IN CONFLICT. PUBLIC POLICY WOULD SEEM TO DICTATE THAT THE DELICATE BALANCES BE WEIGHTED ON BEHALF OF THE CHILD'S RIGHT TO FULL PROTECTION. THE AUTHOR CONCLUDES THAT REASONABLE MODIFICATIONS OF DUE PROCESS REQUIREMENTS ARE NOT INCOMPATIBLE WITH A FAIR HEARING. FOR EXAMPLE, HE CITES SPECIFIC RELAXATIONS OF THE RULES OF EVIDENCE IN NEW YORK STATE DESIGNED TO EASE THE DUE PROCESS APPLICATION IN NEGLECT HEARINGS. THE POINT IS MADE, HOWEVER, THAT SUCH MODIFICATIONS ARE MORE ACCEPTABLE WHEN BROUGHT ABOUT THROUGH LEGISLATIVE CHANGE RATHER THAN THROUGH CASE LAW RESULTING FROM THE JUDICIAL PROCESS. (AUTHOR ABSTRACT)