NCJ Number
75503
Date Published
1978
Length
134 pages
Annotation
Prepared for child protection workers in Michigan, this manual discusses the legal aspects of child abuse and neglect investigations, the decision to petition for court action, preliminary proceedings, the trial, and disposition.
Abstract
It begins with an overview of the rights and interests of the child, the parents, and the State which must be balanced by the court in child protection proceedings. Guidelines for conducting a legal investigation to determine if a child is abuse or neglected as defined by the child protection law are presented, followed by a discussion of factors that should be considered in making a decision to petition the court. Techniques for drafting a petition in accordance with legal requirements are detailed. Juvenile court processes which can occur prior to a trial are then addressed, including emergency placement, a preliminary hearing, and preliminary orders. Methods of achieving settlement without a contested hearing are also reviewed. After a synopsis of the rules of evidence which most frequently arise in child protection cases, the manual focuses on trial preparation for the social worker by describing the legal roles of the attorneys and judge involved and the laws on confidentiality. A checklist for testifying as a witness is provided. At the trial, the social worker no longer carries prime responsibility for the case but will be a witness and advisor to the attorney. The basic elements of a contested hearing are outlined, as are post adjudication procedures which could involve protective services workers, such as placement in the home under supervision. Charts illustrate the Michigan court system and the legal processes of the child protection system. A glossary of legal terms is included.