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Legal Issues in Child Abuse and Neglect Cases
Resources and information about court processes in child abuse and neglect cases, including information about cases involving sexual abuse and State and local examples.
Child Maltreatment and the Law: Returning to First Principles
Levesque (2009)
View Abstract
Helps social workers, researchers, and policymakers understand legal concepts related to child protection and the role legal systems play in family life.
The Legal Response to Child Abuse and Neglect
Crosson-Tower (2009)
In Understanding Child Abuse and Neglect (8th Ed.)
View Abstract
Reviews the legal rights of parents and children in child abuse and neglect cases, types of court intervention, participants in the juvenile court process, advantages and disadvantages of juvenile court, criminal court processes, and the impact of court procedures on children.
The Legal System and Child Maltreatment
McCoy & Keen (2009)
In Child Abuse and Neglect
View Abstract
Highlights programs to prepare children to testify in court, describes how allegations of child maltreatment may be addressed in different types of courts, and presents research findings on criminal justice decisions in child abuse cases.
National Center for the Prosecution of Child Abuse (NCPCA)
Training, legal assistance, court reform, and information on criminal child abuse investigations and prosecutions.
| Representation of Children in Child Abuse and Neglect Proceedings | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 561KB) |
| Year Published: | 2011 - 88 pages |
| Examines State laws that specify when a State court must provide legal representation for a child involved in child abuse and neglect proceedings and whether that representative must be an attorney, guardian ad litem, or a court-appointed special advocate. The qualifications, training, specific duties, and compensation of the representative also are addressed. Summaries of relevant laws for all States and U.S. territories are included. | |
Right From the Start: The CCC Preliminary Protective Hearing Benchcard: A Tool for Judicial Decision-Making (PDF - 1363 KB)
National Council of Juvenile and Family Court Judges (2010)
Provides information on an initiative that creates and disseminates judicial tools, policy and practice guidelines, and associated action plans that court systems can implement to reduce disproportionality and disparities.
Successful Caseflow Management Techniques
National Center for State Courts (2002)
Caseflow management techniques in courts for particular kinds of cases, including child protection and juvenile delinquency.
| Working with the Courts in Child Protection | |
| Author(s): | Children's Bureau Jones |
| Availability: | View Download (PDF - 10,480KB) |
| Year Published: | 2006 - 130 pages |
| Part of a series of manuals designed to provide guidance on child protection practices, this manual explains court processes most relevant to child abuse and neglect cases. It introduces concepts and terminology associated with the courts, describes the key court processes, and presents practical information to help child protective services caseworkers prepare for court litigation. Specific chapters address: the general or common court system; the powers of the court and the rights of parents and children in child maltreatment cases; the interplay between child maltreatment legislation and caseworker practice; the juvenile court process; the criminal court process; domestic relations and ... | |
Sexual abuse
Child Sexual Abuse: A Judicial Perspective
Schudson (2005)
Online course that discusses the history of children in America's courts and the potential for making courts safe for children; explores the law of competency and hearsay.
Child Victims of Sexual Abuse and the Law (PDF - 2161 KB)
Arcaro
Michigan Child Welfare Law Journal, 12(3), 2009
Reviews the significant legal issues presented in the investigation and prosecution of child sexual abuse allegations and the procedural, evidentiary, and substantive protections for child victims.
Opening Statements and Closing Arguments in Child Sexual Abuse Cases
Brickman (2007)
Offers online training to help lawyers deliver effective and convincing opening statements as well as compelling and passionate closing arguments during a child sexual abuse case.
State and local examples
Minnesota Judges Juvenile Protection Benchbook
Court Services Division of the State Court Administrator's Office & Children's Justice Initiative (2004)
Sets forth the elements of a high-quality judicial process at each stage of a child protection proceeding. Consistent with federal and state statutes, Federal and State case law, and the Minnesota Rules of Juvenile Protection Procedure, the Benchbook specifies the necessary elements of a fair, thorough, and timely court process.
The Time Is Now: A Video for Parents
West Virginia Court Improvement Program (2010)
Explains child abuse and neglect investigations and discusses the goals of investigations for parents and caregivers involved in the child welfare system.
Understanding the Child Abuse and Neglect Legal System: A Resource for School Staff, Service Providers, Law Enforcement, Foster Parents, Advocates, and Others Who Work With Children and Families (PDF - 156 KB)
Shaening and Associates, Inc. & New Mexico Court Improvement Project Task Force (2007)
Explains the child abuse and neglect legal system in New Mexico and why the court is involved in such cases, how abuse and neglect affects families, the timeline and steps in a court case, the purposes of different hearings, and the roles of different individuals in the court case.