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LEGAL PROCESS - A POSITIVE FORCE IN THE INTEREST OF CHILDREN (FROM NATIONAL SYMPOSIUM ON CHILD ABUSE, FOURTH, 1973. - SEE NCJ-28061)

NCJ Number
48020
Author(s)
J J DELANEY
Date Published
1975
Length
8 pages
Annotation
A DISCUSSION ON WHEN AND HOW TO EFFECTIVELY USE AND INVOKE THE LAW IN CASES OF CHILD ABUSE AND NEGLECT IS PRESENTED, INCLUDING OPTIONS FOR DEALING WITH VARIOUS STAGES OF ABUSE.
Abstract
THIS ADDRESS STRESSES THAT ALL MEMBERS OF THE COMMUNITY-AT-LARGE NEEDS TO EDUCATE THEMSELVES ABOUT THE LEGAL PROCESS, ITS STRUCTURE, AND ITS APPLICATION. OFTEN THE BAR ASSOCIATION, THE LOCAL COURT, THE COURT ATTORNEY, OR THE DISTRICT COURT JUDGE ARE WILLING TO PROVIDE INFORMATION ABOUT THE LAW AND HOW TO USE IT. FREQUENTLY, PEOPLE DO NOT WANT TO BECOME INVOLVED IN A CHILD ABUSE CASE BECAUSE THEY THINK THAT THE ONLY SOLUTION AVAILABLE IS TO PLACE THE PARENTS IN PRISON. THIS IS NOT THE CASE: AN UNOFFICIAL HEARING CAN OFTEN BE ARRANGED TO APPRISE THE PARENTS OF THEIR RIGHTS, THEIR CHILDREN'S RIGHTS, AND THE SERVICES AVAILABLE TO HELP THEM. IF THE PROBLEM IS NOT SOLVED, AN OFFICIAL HEARING MAY BE ARRANGED, AND INTERVENTION MAY BE DEEMED NECESSARY. PERSONS WHO ARE KNOWLEDGEABLE OF A POTENTIAL CHILD ABUSE CASE SHOULD NOT WAIT UNTIL THEY HAVE CONCLUSIVE PROOF TO REPORT THE INCIDENT. ONLY THE COURT SHOULD BE IN A POSITION TO DETERMINE THE VALUE OF THE EVIDENCE. EVEN AFTER THE CASE HAS BEEN TREATED BY THE COURT, IT SHOULD BE BROUGHT UP FOR REVIEW AS OFTEN AS NECESSARY. ALL SOURCES SUCH AS SCHOOLS, HOSPITALS, PEDIATRICIANS. PUBLIC HEALTH OFFICERS, AND WELFARE WORKERS SHOULD FAMILIARIZE THEMSELVES WITH THE VARIOUS WAYS IN WHICH THE LEGAL PROFESSION CAN ASSIST CHILD ABUSERS AND VICTIMS. (JSP)