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Child Protection - The Role of the Courts

NCJ Number
74469
Author(s)
H R Landau; M K Salus; T Stiffarm; N L Kalb
Date Published
1980
Length
91 pages
Annotation
This document presents guidelines for social workers handling cases of child abuse and neglect that were referred to the court system. A special section examines court proceedings involving Indian children. Cases under both State and tribal court jurisdiction are covered.
Abstract
The guide defines child abuse and neglect according to the Draft Model Child Protection Act criteria. It outlines components of the child protective services (CPS) units, which most States have established as the key agencies in their child abuse and neglect response systems. These components include identification and reporting, investigation, assessment, and followup. In addition, the court is described as an integral element in the child protective delivery system. A section on the court system and child abuse and abuse and neglect reviews criteria for court action to remove a child temporarily or permanently from the home; briefly describes the court system; and outlines procedures which are guaranteed by due process, including the right to privacy, the right to proper notice of the proceeding, the right to a hearing, the right to counsel of guardian ad litem, and the right to a jury trial. The right of confrontation and cross-examination and the right to family integrity are also included. An overview of the juvenile court process examines pretrial and preliminary procedures such as intake, emergency removal or custody hearings, and adjudicatory and dispositional hearings. Both predispositional investigation and social study (i.e., case history and mental health evaluation) are outlined. Types of possible dispositions are reviewed: dismissal, adjournment in contemplation of dismissal, suspended judgment, order of protection, placement, and termination of parental rights. A section on proving child maltreatment explains the standard of proof (which is always on the petitioner), the rules of evidence, and the use of records and admissions. Three options for proving child maltreatment are presented, and the elements of proof required for each of these options are given. Additional sections cover the questioning of witnesses; types of witnesses, including the child as witness; sequestration of witnesses; guidelines for testifying in court; and court-ordered treatment. Finally, court proceedings involving Indian children are examined. The Indian Child Welfare Act of 1978 and the Indian Civil Rights Act spell out the jurisdictional and procedural provisions for child abuse cases involving Indians. Standards applicable to the role of the courts and 11 references are appended.