NCJ Number
109204
Journal
Santa Clara Law Review Volume: 27 Issue: 2 Dated: (Spring 1987) Pages: 201-278
Date Published
1987
Length
78 pages
Annotation
Allegations of child abuse by one parent against the other often are heard in family and in juvenile court.
Abstract
Because a child abuse case can be moved from one of these courts to the other -- or be heard in both simultaneously -- it is important to know what the role of each court is in child abuse cases. The author reviews California case law and statutes that define the role of each court in child abuse cases and concludes that the roles of the courts are not identical. Case law and statutory law show that the purpose of family court is to provide litigants with a forum to resolve issues of custody, care, and control of minor children. The purpose of juvenile court is to protect children from parental abuse or neglect. Given the distinct roles of each court, the child protection agency worker investigating allegations of child abuse is in the best position to decide if juvenile court should intervene in a pending custody litigation in family court. In order to protect the well-being of the child, the determination to intervene should be made at the earliest possible time. Family and juvenile courts should adhere to established guidelines to allow them to manage child abuse cases effectively and efficiently. 440 footnotes.