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NCJRS Abstract

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NCJ Number: 67194 Add to Shopping cart Find in a Library
Title: CHALLENGES TO COURT ACTION IN CHILD NEGLECT PROCEEDINGS - MODEL BRIEFS AND ARGUMENTS
Corporate Author: National Juvenile Law Ctr
United States of America
Date Published: 1976
Page Count: 164
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
National Juvenile Law Ctr
St Louis, MO 63178
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Language: English
Country: United States of America
Annotation: THIS MANUAL PROVIDES SAMPLE LEGAL BRIEFS AND ARGUMENTS TO BE USED BY COUNSEL FOR PARENTS OR CHILDREN IN HANDLING ISSUES ARISING IN CHILD NEGLECT PROCEEDINGS.
Abstract: THE MANUAL PROVIDES FULLY DEVELOPED ARGUMENTS WHICH MAY BE USED AS A STARTING POINT IN DEVELOPING MEMOS AND BRIEFS. ARGUMENTS ARE APPLICABLE IN TERMINATION OF PARENTAL RIGHTS PROCEEDINGS, BUT MAY ALSO BE RELEVANT IN NEGLECT PROCEEDINGS WHERE THE SAME FACTORS ARE INVOLVED. FIRST SECTION PRESENTS FOUR CHALLENGES TO MISSOURI'S CHILD NEGLECT STATUE ON THE GROUND OF VAGUENESS WHILE THE SECOND SECTION CONCERNS CHALLENGES TO SUMMARY REMOVAL OF CHILDREN FROM A HOME. OTHER ARGUMENTS CONCERN THE RIGHT TO COUNSEL AND IMPROPER EVIDENCE AT THE ORIGINAL NEGLECT ADJUDICATION. CHALLENGES TO CUSTODY AGREEMENTS AND TO THE WELFARE DEPARTMENT ARE PRESENTED. IF COUNSEL IS CONTACTED BEFORE THE INITIAL NEGLECT OR DEPRIVATION HEARING, ARGUMENTS ON VAGUENESS OF THE APPLICABLE STATUTE OR ON PROVISION OF SUPPORTIVE SERVICES MAY BE USED. IF COUNSEL IS CONTACTED PRIOR TO A HEARING ON THE PETITION FOR TERMINATION OF PARENTAL RIGHTS, COUNSEL MAY WANT TO MOVE FOR THE APPOINTMENT OF COUNSEL, CHALLENGE THE TERMINATION STATUTE ITSELF, OR ARGUE THAT ABSENT A SHOWING THAT THE SOCIAL SERVICES DEPARTMENT HAS FULFILLED ITS DUTY TO IMPROVE THE HOME ENVIRONMENT, PARENTAL RIGHTS MAY NOT BE TERMINATED. MANY OF THE ARGUMENTS MAY BE USED IF COUNSEL IS CONTACTED AFTER THE HEARING AT WHICH PARENTAL RIGHTS WERE TERMINATED. ALL ARGUMENTS SHOULD BE PRECEDED BY A CLEAR PRESENTATION OF CONNSTITUTIONAL SAFEGUARDS TO THE PARENT-CHILD RELATIONSHIP AND A CALL FOR DUE PROCESS PROTECTIONS. MATERIAL FOR THE MANUAL WERE DERIVED FROM BRIEFS SUBMITTED TO THE NATIONAL CLEARINGHOUSE FOR LEGAL SERVICES AND FROM MATERIALS FROM THE NATIONAL JUVENILE LAW CENTER. CROSS REFERENCES TO THESE MATERIALS AND TO 'LAW AND TACTICS IN JUVENILE CASES' ARE MADE WHEREVER POSSIBLE.
Index Term(s): Child abuse and neglect hearings; Defense preparation; Missouri; Reference materials; Right to Due Process; State laws
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67194

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