HOW TO PREPARE COURTROOM PRESENTATIONS

• NCJ Number: 54931
• Journal: Public Welfare Volume: 36 Issue: 4 Dated: (FALL 1978) Pages: 30-36
• Author(s): E BAKER; J DEES
• Date Published: 1978
• Length: 6 pages
• Corporate Author: American Public Welfare Assoc
• Sale Source: American Public Welfare Assoc
• Language: English
• Country: United States of America
• Note: TEN PERCENT DISCOUNT ON TWENTY-FIVE OR MORE COPIES ADAPTED VERSION OF SPEECH GIVEN IN JACKSON (MS), APRIL 1977 AT THE UNIVERSITY OF MISSISSIPPI

Annotation

THIS PAPER IS INTENDED TO ALLEVIATE SOME OF THE PROBLEMS THAT SOCIAL WORKERS IN CHILD PROTECTION AGENCIES MAY EXPERIENCE WHEN THEY FIND THEMSELVES IN THE COURTROOM.

Abstract

WHEN GATHERING INFORMATION AND INTERVIEWING PROSPECTIVE WITNESSES, THE SOCIAL WORKER MUST DO TWO THINGS: (1) LEARN THE FACTS IN ORDER TO MAKE AN INDEPENDENT DETERMINATION OF WHETHER THE MATTER IS ONE THAT SHOULD COME BEFORE THE COURT, AND (2) DOCUMENT EVIDENCE TO SUBSTANTIATE THE ALLEGATIONS OF CHILD NEGLECT OR ABUSE SO AS TO INVOKE THE JURISDICTION OF THE COURT. IN ORDER TO PROPERLY PREPARE A CASE FOR COURT, THE SOCIAL WORKER MUST KNOW HOW TO COLLECT AND RECORD FACTS, UNDERSTAND THE LAW AND RULES OF EVIDENCE AS THEY APPLY TO ABUSE AND NEGLECT, AND KNOW WHAT KINDS OF EVIDENCE ARE ADMISSIBLE IN COURT INFORMATION MUST BE GATHERED AT THE PRELIMINARY STAGES OF THE INVESTIGATION. THIS MUST THEN BE ANALYZED CAREFULLY TO DETERMINE IF COURT INTERVENTION IS NECESSARY. RECORDKEEPING SHOULD BEGIN WITH THE VERY FIRST FAMILY CONTACT. IT IS ALSO IMPORTANT FOR THE SOCIAL WORKER TO UNDERSTAND THE LAW. THE STATE'S DEFINITIONS OF NEGLECT AND ABUSE SHOULD GUIDE THE WORKER IN THE COLLECTION OF INFORMATION. IDEALLY, THE COUNTY ATTORNEY SHOULD BE AVAILABLE TO ADVISE THE SOCIAL WORKER ON THE FINE POINTS OF THE LAW. THE SOCIAL WORKER SHOULD ALSO BE AWARE THAT HIS OR HER TESTIMONY IS SUBJECT TO TESTS OF ADMISSIBILITY AND HEARSAY. HEARSAY EVIDENCE IS NOT ALWAYS EXCLUDED FROM COURT TESTIMONY, BUT OFTEN POSES PROBLEMS. THEREFORE, THE SOCIAL WORKER'S RECORDS SHOULD DIFFERENTIATE BETWEEN INFORMATION GOTTEN FROM FIRSTHAND OBSERVATIONS AND INFORMATION GLEANED FROM OTHER SOURCES. A FORMAT FOR COLLECTING INFORMATION IS PROPOSED. GUIDELINES FOR PREPARING THE INITIAL REPORT AND THE COURT REPORT ARE PRESENTED. IT IS CONCLUDED THAT THE WELL-PREPARED COURT CASE WILL ENABLE THE COURT TO MAKE A DECISION IN THE BEST INTERESTS OF BOTH THE CHILD AND THE FAMILY. NOTES AND REFERENCES ARE PROVIDED. (MLC)