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NCJRS Abstract

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NCJ Number: 77776 Add to Shopping cart Find in a Library
Title: Child Abuse and Neglect Litigation - A Manual for Judges
Author(s): H A Davidson; R M Horowitz; T B Marvell; O W Ketcham
Corporate Author: National Ctr for State Courts
United States of America

American Bar Assoc
National Legal Resource Ctr for Child Advocacy and Protection
United States of America
Date Published: 1981
Page Count: 270
Sponsoring Agency: American Bar Assoc
Washington, DC 20036
National Ctr for State Courts
Williamsburg, VA 23185-4147
Superintendent of Documents, GPO
Washington, DC 20402
US Dept of Health and Human Services
Washington, DC 20447
Grant Number: 90-C-1690
Publication Number: OHDS 80-30268
Sale Source: Superintendent of Documents, GPO
Washington, DC 20402
United States of America
Language: English
Country: United States of America
Annotation: Focusing on the practical aspects of a judge's work in abuse and neglect cases, this manual addresses issues commonly involved in child protective litigation.
Abstract: Each year U.S. courts hear over 200,000 child abuse and neglect cases. Regardless of the court or frequency of occurrence of this type of case, every judge faces difficult decisions. These decisions include determining whether the alleged neglect occurred, where the child should live, what services the family should receive, when State intervention into the family unit should cease, and whether parental rights should be terminated. In reaching such decisions, precedent provides little help because the facts and family dynamics of each case are unique, and outcome predictions are difficult to make. This manual is designed to assist judges in making these decisions. Major topics addressed include abuse and neglect, the child protective system, and the role of the courts; intake and initiation of court action; representation of the child; court hearings; and legal rights of involved parents. Also discussed are privacy records, criminal prosecution of abusing parents, and collection of evidence and information. Improving social worker and expert testimony and coping with the media are outlined. Finally, negotiated settlements, court-ordered home supervision, removal from the home, and termination of parental rights are examined. Each of these sections is amplified by excerpts from proposed professional standards, law review articles, books, court rules, attorney and social worker guides, and other aids developed for use in individual jurisdictions. An index is included, and each section provides extensive footnotes.
Index Term(s): Child abuse; Child abuse and neglect hearings; Child abuse reporting statutes; Child custody; Child welfare; Judges; Judicial discretion; Juvenile court intake; Lawsuits; Neglectful parents; Parental rights; Procedure manuals; Rights of minors; Youth advocates
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