NCJ Number
48019
Date Published
1975
Length
5 pages
Annotation
PROCEDURES WHICH CAN GUARANTEE DUE PROCESS FOR BOTH THE CHILD AND THE PARENTS IN A CHILD ABUSE CASE ARE DISCUSSED, DRAWING UPON THE EXPERIENCES OF THE FAMILY COURT OF CHARLESTON, SOUTH CAROLINA.
Abstract
SOCIAL WORKERS AND OTHERS INVOLVED IN CHILD ABUSE CASES OFTEN CRITICIZE THE COURT FOR BEING TOO SLOW. THEY OFTEN FORGET THAT IT IS NOT FAIR TO THE PARENT TO HAVE A JUDGE CALL AND SAY HAVE THE CHILD IN COURT AT A CERTAIN TIME, GIVING THEM LITTLE CHANCE TO PREPARE THEIR CASE. THE PEOPLE INVOLED IN CHILD ABUSE AND NEGLECT CASES ARE OFTEN THOSE LEAST ABLE TO GET A LAWYER QUICKLY. TO PROTECT THE CHILD AS WELL AS TO OFFER DUE PROCESS TO THE PARENT, A NUMBER OF PROCEDURES HAVE BEEN DEVELOPED BY THE CHARLESTON FAMILY COURT. IF THE CHILD IS SEEN IN THE HOSPITAL EMERGENCY ROOM AND THE STAFF SUSPECTS ABUSE, THE HOSPITAL CALLS THE COURT, WHICH IMMEDIATELY ISSUES AN ORDER FORBIDDING THE PARENT TO REMOVE THE CHILD FROM THE PEDIATRIC WARD. THUS, THE PHYSICAL SAFETY OF THE CHILD IS PROTECTED IN A NEUTRAL SETTING WHILE THE PARENT IS GIVEN A CHANCE TO ACQUIRE AN ATTORNEY. IN SUCH CASES, THE SOCIAL SERVICES DEPARTMENT MAKES AN INVESTIGATION THE NEXT DAY. THE FORMAL COURT HEARING IS SCHEDULED AS SOON AS POSSIBLE. WHENEVER POSSIBLE, CHILD ABUSE CASES ARE HEARD IN CHAMBERS BECAUSE PARENTS FIND A FORMAL COURTROOM THREATENING. IN NEGLECT CASES REQUIRING PLACEMENT IN A FOSTER HOME, EVERY EFFORT IS MADE TO GET THE CHILD BACK IN THE NATURAL HOME AS SOON AS POSSIBLE. CHILD ABUSE AND NEGLECT CASES TAKE PRECEDENT OVER OTHER TYPES OF FAMILY COURT CASES. SOUTH CAROLINA NOW PROVIDES IMMUNITY FOR TEACHERS, DOCTORS, OR OTHERS WHO MAKE CHILD ABUSE REPORTS IN GOOD FAITH. HARASSMENT REPORTS, WHICH HAD BEEN FEARED, HAVE NOT BEEN A PROBLEM. IN THE CHARLESTON COURT THE 'PUNISHMENT' FOR CHILD ABUSE IS AN ORDER TO TAKE ADVANTAGE OF AVAILABLE SOCIAL AND PSYCHIATRIC SERVICES. THE CHILD IS REMOVED FROM THE HOME IF THIS IS DEEMED IN THE BEST INTERESTS OF PARENT AND CHILD. (GLR)