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Child Abuse and the Law: A Legal Primer for Social Workers

NCJ Number
109004
Author(s)
B A Caulfield; R M Horowitz
Date Published
1987
Length
61 pages
Annotation
This legal primer explains to practicing social workers the basic laws and legal procedures relating to intervention in suspected or actual cases of child abuse and neglect.
Abstract
The primer begins with a set of working definitions for child abuse and neglect and selected categories of abuse and neglect, including sexual abuse, emotional abuse, institutional abuse or neglect, and abandonment. Further sections explain the use of the court and the legal process, emphasizing that the social worker's primary concern must be to protect the welfare of the child rather than to uncover evidence for use in court. Discussions focus on when a social worker should consider court action, the factors that must be weighed, the rights of parents and children, the liabilities faced by social workers, and the differences between civil and criminal procedures. Explanations of court procedures cover the stages of pretrial matters, adjudication, disposition, the critical role of witnesses, and strategies for effective testimony by social workers. The competency of child witnesses, the admissibility of out-of-court statements, and procedural reforms for protecting child victims are also covered. Glossary, list of procedural requirements, charts, and appended background information.