NCJ Number
66142
Journal
Valparaiso University Law Review Volume: 14 Issue: 1 Dated: (FALL 1979) Pages: 69-121
Date Published
1979
Length
53 pages
Annotation
CHILD ABUSE AND NEGLECT LAWS SHOULD BE BASED ON THE CONCEPT THAT COERCIVE INTERVENTION SHOULD BE LIMITED TO PROTECTING CHILDREN FROM SERIOUS HARM UNDER PRECISE AND FAIR PROCEDURES.
Abstract
MOST AMERICAN CHILD ABUSE AND NEGLECT STATUTES CONFLICT WITH PARENTS' RIGHTS TO RAISE THEIR CHILDREN ACCORDING TO PERSONAL DICTATES. INDIANA'S OLD JUVENILE CODES VIEWED THE CHILD'S INTERESTS AS PARAMOUNT. ACCORDING TO A SURVEY, CHILDREN WERE REMOVED FROM THEIR PARENTS IN 65 PERCENT OF THE ABUSE AND NEGLECT CASES, AND MOST WERE REMOVED WITHOUT ANY ADVERSARIAL HEARING. THE NEW 1979 CODE CONTAINS REVISED JUDICIAL STANDARDS WHICH FOCUS ON HARM DONE TO THE CHILD RATHER THAN PARENTAL CONDUCT AND PROCEDURAL ADJUSTMENTS WHICH MORE ADEQUATELY PROTECT THE RIGHTS OF THE PARTIES. IT ALSO PROVIDES FOR A PERIODIC REVIEW OF THE PLACEMENT. MANY WEAKNESSES ARE ALSO EVIDENT, SUCH AS A LACK OF FOURTH AMENDMENT GUARANTEES AND PARENTAL RIGHTS TO COUNSEL. THE STATE SHOULD BE REQUIRED TO DEMONSTRATE THAT REMOVAL OF THE CHILD WOULD CAUSE LESS DAMAGE THAN THE HARM EXPERIENCED IN THE HOME. FAMILIES SHOULD BE GUARANTEED REHABILITATIVE SERVICES, AND TERMINATION STANDARDS SHOULD BE CLEARLY DELINEATED. FOOTNOTES ARE PROVIDED. (MJM)