Legal Issues in Child Abuse and Neglect Cases

Many courts play a principal role in making decisions regarding the protection of children who have been maltreated. Provides professionals involved in child protection with resources and information about the legal process in child abuse and neglect cases, including information about cases involving sexual abuse and State and local examples.

Child Abuse and Neglect Resource Library
National Council of Juvenile and Family Court Judges
Improves the court system's handling of juvenile and family matters through applied research; technical assistance; and continuing education of judges and juvenile justice professionals on family violence, child abuse and neglect, and child protection and custody.

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 - 913KB)
Year Published	2014

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.

Working with the Courts in Child Protection

Author(s)	Office on Child Abuse and Neglect, Children's Bureau Jones, William G.
Availability	View Download (PDF - 8,051KB)
Year Published	2006

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 other court proceedings; the issues involved in going to court, including the rules of evidence, court reports, and testifying; the relationship between caseworkers and the court; and court improvement and best practices. Appendices include a glossary, resource listings, and guidelines for caseworkers for permanency and review hearings. 93 references.

The Safe Babies Court Teams Project
ZERO TO THREE
Describes a project to improve outcomes for infants and young children in court and prevent future court involvement. The website links to 10 sites across the country; lists 10 core components; and offers products, evaluation materials, and more.

Strategies for Effective Statewide Judicial Commissions on the Protection of Children (PDF - 823 KB)
Sydow & Van Duizend (2011)
National Center for State Courts
Analyzes the effectiveness of statewide commissions on the protection of children with regard to the child protection process and outcomes for children and families involved in that process; identifies needed improvements in procedures, performance, and services; and provides recommendations for the implementation of those improvements.

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Sexual abuse

Child Sexual Abuse: Coping With the Emotional Stress of the Legal System: Information for Parents and Caregivers (PDF - 1,301 KB)
National Child Traumatic Stress Network, Child Sexual Abuse Committee (2009)
Provides parents and caregivers with resources on the role of the legal system in child sexual abuse cases, discusses common concerns about going to court, and offers methods of coping with or reducing those concerns. Includes tips for helping children cope with the stress of a trial.

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.

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State and local examples

Child Protective Proceedings Benchbook: A Guide to Abuse and Neglect Cases (PDF - 3,564 KB)
Michigan Judicial Institute (4th ed.) (2013)
Explains the procedures required in child protective proceedings, from reporting and investigating suspected child abuse and neglect to required court hearings in the Family Division of the Circuit Court to appeals to the Michigan Court of Appeals and Michigan Supreme Court.

Texas Practice Guide for Child Protective Services Attorneys
Texas Department of Family and Protective Services (2012)
Provides Texas regional, county, and district attorneys with easy access to succinct statements of relevant law and policy, as well as best practice tips, resources, sample forms, checklists, and a trial notebook.

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.

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