NCJ Number
48646
Date Published
1972
Length
5 pages
Annotation
THE ROLE OF THE COURT IN DETERMINING ABUSE AND NEGLECT IS EXAMINED WITHIN THE CONTEXT OF THREE TYPES OF HEARINGS -- PRELIMINARY, FACTFINDING, AND DISPOSITIONAL.
Abstract
IT IS NOTED THAT LEGAL AND SOCIAL WORK PROFESSIONALS ARE TRAINED AND CONDITIONED TO VIEW PROBLEMS FROM SOMEWHAT DIFFERENT PERSPECTIVES, A SITUATION THAT SOMETIMES TENDS TOWARD CONFLICT. MUTUAL UNDERSTANDING AND AN APPRECIATION OF THE COMPLEMENTARY ROLES FULFILLED BY THE CHILD PROTECTIVE AGENCY AND THE COURTS IS CONSIDERED IMPORTANT IF A MATURE AND RESPONSIBLE APPROACH TO CHILD ABUSE AND NEGLECT IS TO PREVAIL. IT IS ADVISED THAT THE CHILD PROTECTIVE AGENCY SHOULD INITIATE COURT PROCEEDINGS UNDER THE LEADERSHIPS OF COMPETENT AND SPECIALIZED COUNSEL, WITH THE SUPPORT OF AN EFFECTIVE CASEWORK STAFF. FINDING OF ABUSE OR NEGLECT MUST BE BASED UPON EXPERT TESTIMONY AND MEDICAL FINDINGS. THERE SHOULD BE NO EXPECTATION THAT THE COURT WILL SIMPLY TRUST AGENCY RECOMMENDATIONS. A PRECISE PREPONDERANCE OF EVIDENCE SHOWING NEGLECT OR ABUSE IS DEEMED NECESSARY TO PROTECT THE RIGHTS OF THE PARENTS. IT IS SUGGESTED THAT AT THE PRELIMINARY HEARING ALL THE AGENCY NEED DO IS PRESENT A PRIMA FACIE CASE. HOWEVER, AT THE FACTFINDING HEARING THE AGENCY MUST CONVINCE THE JUDGE THAT SUFFICIENT FACTS ARE KNOWN TO INDICATE ABUSE OR NEGLECT. THE DISPOSITIONAL HEARING IS CONSIDERED INFORMAL, TO THE EXTENT THAT IT IS PRECEDED BY SOME CONFERENCING IN CHAMBERS. THIS ALLOWS SOME MATERIAL NOT PROPER FOR THE FACTFINDING HEARING TO COME BEFORE THE JUDGE, AND A STRATEGY IN THE BEST INTERESTS OF THE CHILD AND FAMILY CAN BE AGREED UPON. (RCB)