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  • Legal Issues in Child Abuse and Neglect Cases

Legal Issues in Child Abuse and Neglect Cases

The courts play a principal role in making decisions regarding the protection of children who have been maltreated. This page provides families and professionals involved with child protective services with resources and information about the legal process in child abuse and neglect cases. It also includes State and local examples.

Beyond the Table: The Need to Work With Courts and the Legal Community to Improve Child Welfare Outcomes
Kelly (2019) 
Children's Bureau Express, 19(10)
Advocates for more involvement from courts and the legal community in child welfare planning and improvement efforts. 

Imagine a New Child Welfare System [Video]
Milner (2018)
Capacity Building Center for Courts 
Discusses the importance of proactively preventing child maltreatment and investing in supports and services and how the legal community can work with partners to serve children and families before maltreatment occurs.

Legal Representation in Child Welfare Proceedings (PDF - 262 KB)
American Bar Association Center on Children and the Law (2018)
Presents an overview of legal representation in child welfare proceedings, including child abuse and neglect cases. The infographic outlines the benefits of high-quality legal representation for families, how judges can promote it, and essential practices for all child welfare attorneys. 

Multidisciplinary Legal Representation and Its Positive Impact on Reunifications
American Bar Association (2020)
Presents a webinar about multidisciplinary legal representation model, including its benefits for children, parents, and child welfare agencies.

Multidisciplinary Teams Improve Legal Resolution, Family Preservation in Child Welfare Cases
U.S. Department of Health & Human Services, Administration for Children and Families, Children's Bureau (2019) 
Children's Bureau Express, 19(10)
Examines a project of the National Quality Improvement Center on the Representation of Children in the Child Welfare System that found using a multidisciplinary team (MDT) approach to representing children in child protection cases results in quicker resolution of cases and better family preservation than a non-MDT approach. 

Race Equity Hub
National Association of Counsel for Children
Presents resources for advocates and practitioners that support racial equity.

Representing Child Abuse Victims: Criminal Court Strategies
Chiamulera (2020)
American Bar Association
Describes strategies attorneys can use to more effectively represent child victims’ rights during court proceedings.

Representation of Children in Child Abuse and Neglect Proceedings

Series Title
State Statutes
Author(s)
Child Welfare Information Gateway
Availability
View
Download (PDF - 383KB)
Year Published
2021
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 laws for all States and U.S. territories are included.

Trauma-Informed Legal Advocacy: A Resource for Juvenile Defense Attorneys (PDF - 239 KB)
National Child Traumatic Stress Network, National Juvenile Defender Center, & American Bar Association Center on Children and the Law (2018) 
Provides juvenile defense attorneys with an increased understanding of what trauma-informed legal advocacy entails and how trauma impacts child development, the attorney-client relationship, families and caregivers, and attorneys. The resource addresses screening and assessment, information sharing, transitions and placement decisions, and effective treatments for traumatic stress. 

Understanding the Legal System When Your Child Has Been Sexually Abused (PDF - 1,525 KB)
Sexual Assault Legal Institute (2018) 
Offers basic information on how the legal system responds to allegations of child sexual abuse. This guide provides parents with information on the emotional recovery from child sexual abuse, the legal system response, child protective services involvement, and more. 

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State and local examples

Best Legal Practices in Child Abuse and Neglect Cases (PDF - 967 KB) 
University of South Carolina School of Law & South Carolina Department of Social Services (2018)
Presents guidelines for handling child abuse and neglect cases in South Carolina. These guidelines were established to help reduce delays, expedite permanency for children, and provide overall efficiency for the cases. 

Child Abuse and Neglect Resources
West Virginia Judiciary 
Provides access to resources on child abuse and neglect cases, as well as information and resources for judges and attorneys in West Virginia. 

A Guide for Families in Child Protection Cases (PDF - 914 KB) 
Maine Judicial Branch, Administrative Office of the Courts (2020)
Guides parents, family members, and others through child protection cases in Maine. The publication includes information on the court process, why these kinds of cases are started, different types of hearings, permanency planning, termination of parental rights, working with a lawyer, and more. 

Leadership From State Supreme Courts
Sankaran (2019) 
Children's Bureau Express, 19(10)
Describes changes during the past decade in Michigan child protection cases that resulted from leadership of the State Supreme Court. 

Missouri's Multidisciplinary Approach to Child Welfare Systems Transformation
Green (2019) 
Children's Bureau Express, 19(10) 
Describes an approach to child welfare systems change in Missouri in which the child welfare community worked to foster interdisciplinary collaboration and enhance court engagement. Strategies included creating court partnership teams, launching a permanency attorney initiative, and elevating diverse voices in planning. 

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Spotlight On

Addressing Bias in Delinquency and Child Welfare Systems (PDF - 429 KB)

National Council of Juvenile and Family Court Judges (2018)

Enhanced Resource Guidelines: Child Welfare Caseworkers' Companion Guide

National Council of Juvenile and Family Court Judges (2020)

Related Content

State Laws on Reporting and Responding to Child Abuse and Neglect

State Laws on Maintaining Child Abuse and Neglect Records

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