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NCJ Number: 66142 Find in a Library
Title: INDIANA'S APPROACH TO CHILD ABUSE AND NEGLECT - A FRUSTRATION OF FAMILY INTEGRITY
Journal: VALPARAISO UNIVERSITY LAW REVIEW  Volume:14  Issue:1  Dated:(FALL 1979)  Pages:69-121
Author(s): H E MARTZ
Corporate Author: Valparaiso University
School of Law
United States of America
Date Published: 1979
Page Count: 53
Sponsoring Agency: Valparaiso University
Valparaiso, IN 46383
Format: Article
Language: English
Country: United States of America
Annotation: CHILD ABUSE AND NEGLECT LAWS SHOULD BE BASED ON THE CONCEPT THAT COERCIVE INTERVENTION SHOULD BE LIMITED TO PROTECTING CHILDREN FROM SERIOUS HARM UNDER PRECISE AND FAIR PROCEDURES.
Abstract: MOST AMERICAN CHILD ABUSE AND NEGLECT STATUTES CONFLICT WITH PARENTS' RIGHTS TO RAISE THEIR CHILDREN ACCORDING TO PERSONAL DICTATES. INDIANA'S OLD JUVENILE CODES VIEWED THE CHILD'S INTERESTS AS PARAMOUNT. ACCORDING TO A SURVEY, CHILDREN WERE REMOVED FROM THEIR PARENTS IN 65 PERCENT OF THE ABUSE AND NEGLECT CASES, AND MOST WERE REMOVED WITHOUT ANY ADVERSARIAL HEARING. THE NEW 1979 CODE CONTAINS REVISED JUDICIAL STANDARDS WHICH FOCUS ON HARM DONE TO THE CHILD RATHER THAN PARENTAL CONDUCT AND PROCEDURAL ADJUSTMENTS WHICH MORE ADEQUATELY PROTECT THE RIGHTS OF THE PARTIES. IT ALSO PROVIDES FOR A PERIODIC REVIEW OF THE PLACEMENT. MANY WEAKNESSES ARE ALSO EVIDENT, SUCH AS A LACK OF FOURTH AMENDMENT GUARANTEES AND PARENTAL RIGHTS TO COUNSEL. THE STATE SHOULD BE REQUIRED TO DEMONSTRATE THAT REMOVAL OF THE CHILD WOULD CAUSE LESS DAMAGE THAN THE HARM EXPERIENCED IN THE HOME. FAMILIES SHOULD BE GUARANTEED REHABILITATIVE SERVICES, AND TERMINATION STANDARDS SHOULD BE CLEARLY DELINEATED. FOOTNOTES ARE PROVIDED. (MJM)
Index Term(s): Child abuse; Child abuse and neglect hearings; Child abuse situation remedies; Child custody; Child protection services; Indiana; Laws and Statutes; Parental rights; Right to Due Process
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66142

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