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Legal Barriers in Child Abuse Investigations: State Powers and Individual Rights

NCJ Number
112457
Journal
Washington Law Review Volume: 63 Issue: 3 Dated: (July 1988) Pages: 493-605
Author(s)
M Hardin
Date Published
1988
Length
113 pages
Annotation
This article outlines constitutionally based procedural guidelines that are applicable to child abuse investigations and then proposes legislative reforms that are consistent with the constitutional requirements. New State laws are needed to ensure that social workers can enter a child's home to investigate the quality and circumstances of the child's care and to interview and obtain relevant materials and records from parents, caretakers, schools, physicians, and others with knowledge or information about the child's situation.
Abstract
Three specific areas of child abuse investigations are scrutinized: (1) identifying methods for gaining access to the child's residence and other places where evidence regarding child abuse may be found; (2) identifying methods for gaining access to an allegedly abused child for an interview; and (3) identifying methods for obtaining records or other information relevant to the investigation. An appendix identifies individual State statutes authorizing investigative entries. 468 footnotes.