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Home > Working With the Courts in Child Protection > 1. Overview of the Manual

Working With the Courts in Child Protection
Author(s):   U.S. Department of Health and Human Services Feller, J. N., Davidson, H. A., Hardin, M., Horowitz, R. M.
Year Published:  1992
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1. Overview of the Manual

The prevention and treatment of child abuse and neglect cannot be accomplished through the court system alone. The legal process is just one tool for the protection of children. An understanding of this process, however, is crucial for any professional involved in child protection.

Child maltreatment cases are handled in a variety of courts. Thus, the rules and procedures that govern these cases may differ, depending on the type of proceeding within which an allegation of abuse is brought.

In recent years, a number of reforms have addressed the unique nature of child maltreatment and the special needs of its victims. Both legislative and judicial efforts have improved the courts' ability to respond to allegations of abuse or neglect. The role of the courts in child protection, therefore, has become more flexible in recent years. Courts now have more alternatives and resources from which to choose when faced with a family in which abuse or neglect is suspected.

Purpose of Manual

This manual provides the basic information needed by professionals and concerned citizens to work successfully within the court system. The manual:

  • presents an overview of the various court processes;
  • defines the legal requirements for proving maltreatment in the various courts; and
  • provides practical tips and examples to prepare professionals for their involvement in the court system.

One note of caution is necessary. On its own, this manual cannot adequately prepare any professional, legal or nonlegal, to practice in the area of child protection. Consultation with a skilled legal specialist is critical, as is comprehensive training on working with the courts, particularly with respect to unique State laws and local practices.

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