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NCJ Number: 62836 Find in a Library
Title: NEBRASKA - COMMISSION ON THE STATUS OF WOMEN - CHILD DEPENDENCY AND NEGLECT CASES - THE LEGAL PROCESS
Author(s): D ANDERSON
Corporate Author: Nebraska Cmssn on the Status of Women
United States of America
Date Published: 1978
Page Count: 13
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Nebraska Cmssn on the Status of Women
Lincoln, NE 68509
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THIS PAPER GIVES A BROAD OVERVIEW OF NEBRASKA LAW CONCERNING CHILD ABUSE AND NEGLECT AND THE TERMINATION OF PARENTAL RIGHTS.
Abstract: A BASIC TENET OF THE LAW IS THAT THERE SHOULD BE AS LITTLE GOVERNMENTAL INTERFERENCE AS POSSIBLE WITH FAMILY AUTONOMY AND THE RIGHT OF PARENTS TO RAISE THEIR CHILDREN. CHILDREN'S RIGHTS MAY BE INFERRED FROM THE DUTIES THE LAW IMPOSES ON PARENTS: THE DUTY TO PROVIDE THE BASIC NECESSITIES OF LIFE INCLUDING ADEQUATE FOOD, SHELTER, CLOTHING AND MEDICAL ATTENTION; PROTECTION FROM HARM, INJURY OR ABUSE; AND AN EDUCATION, STABLE ENVIRONMENT AND CONSITITUTIONAL PROTECTIONS. A PARENT'S RIGHTS MAY BE LIMITED OR TERMINATED BY A COURT UPON A FINDING OF DEPENDENCY, NEGLECT, OR ABUSE. A GENERAL OUTLINE OF THE PROCESS THROUGH WHICH A CHILD DEPENDENCY, NEGLECT, AND ABUSE CASE PROCEEDS IS GIVEN. STEPS ARE: (1) REPORTING CHILD ABUSE AND NEGLECT, (2) INVESTIGATING THE COMPLAINT, (3) INITIATING COURT PROCEEDINGS, (4) ASSUMING JURISDICTION BY THE JUVENILE COURT AND THE SUBSEQUENT AND COURT JUDGMENT, (5) DETENTION HEARING AND REMOVAL OF THE CHILD FROM THE PARENTS, (6) ADJUDICATORY HEARING (A FULL TRIAL ON MERITS), (7) DISPOSITIONAL HEARING (PLACEMENT OF THE CHILD), AND (8) TERMINATING PARENT'S RIGHTS IN A SPECIAL PROCEEDING. A COURT MAY TERMINATE PARENTAL RIGHTS ONLY WHEN IT HAS DETERMINED THAT TERMINATION IS IN THE BEST INTERESTS OF THE CHILD AND WHEN CERTAIN CONDITIONS EXIST. AN ORDER OF TERMINATION IS A FINAL DECREE WHICH MAY BE APPEALED TO THE SUPREME COURT. (MJW)
Index Term(s): Abused children; Child abuse; Child Abuse Prevention and Treatment Act; Crimes against children; Nebraska; State laws
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62836

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