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, including about cases involving sexual abuse. 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.
Child Abuse and the Law
Suter (2015)
Hoover Institution
Reviews a 2015 U.S. Supreme Court decision concerning the admissibility of testimony of abused children in child abuse cases. Specifically, the Court ruled that reliable hearsay statements by child abuse victims are admissible in court.
The Child Witness in the Courtroom (PDF - 724 KB)
Pantell (2017)
Pediatrics, 139(3)
Provides background information on legal issues involving children testifying in court, including the accuracy and psychological impact of child testimony. The article builds on existing American Academy of Pediatrics policy on how adverse life events affect children as well as existing resources about childhood trauma.
Enhanced Resource Guidelines: Improving Court Practice in Child Abuse and Neglect Cases (PDF - 14,858 KB)
Gatowski, Miller, Rubin, Escher, & Maze (2016)
National Council of Juvenile and Family Court Judges
Provides guidance for judges on how to make decisions regarding the safety, permanency, and well-being of children at every stage of the judicial process. The guidelines also advise judges on how to develop effective findings based on an assessment of the facts, the individual needs of the family and child, the law, and the best available research and science.
High Quality Legal Representation for All Parties in Child Welfare Proceedings (PDF - 290 KB)
U.S. Department of Health and Human Services, Administration for Children and Families (2017)
Encourages child welfare agencies, courts, administrative officers of the courts, and Court Improvement Programs to work together to ensure parents, children and youth, and child welfare agencies receive high-quality legal representation at all stages of child welfare proceedings.
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 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.
Publications: Child Abuse and Neglect
National Council of Juvenile and Family Court Judges (NCJFCJ)
Lists publications from NCJFCJ on child abuse and neglect.
| Series Title | State Statutes |
| Author(s) | Child Welfare Information Gateway |
| Availability | View Download (PDF - 894KB) |
| Year Published | 2018 |
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.
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.
What Child Welfare Attorneys Need to Know About Shaken Baby Syndrome
Judson (2015)
American Bar Association
Discusses what child welfare attorneys need to know about shaken baby syndrome and outlines why an immediate presumption of abuse based solely on the presence of a subdural hematoma, retinal hemorrhage, and/or brain swelling must be closely scrutinized due to the existence of nonabusive explanations for those same findings, including accidental trauma and natural disease.
Sexual abuse
Custody Cases Involving Child Sexual Abuse
Stop It Now!
Provides guidance on child custody cases that involve suspected or confirmed sexual abuse of children. The website reviews the difficulty of proving sexual abuse in family court, discusses how adults can strengthen their cases, and explains parental alienation syndrome.
How Attorneys Question Children About the Dynamics of Sexual Abuse and Disclosure in Criminal Trials (PDF - 121 KB)
Stolzenberg & Lyon (2014)
Psychology, Public Policy, and Law, 20(1)
Examines how attorneys question child witnesses in sexual abuse cases. The study looked at prosecutors' and defense attorneys' questioning and found that attorneys exhibited little sensitivity to the age of the child when choosing questions to ask.
Understanding the Legal System When Your Child Has Been Sexually Abused (PDF - 1,490 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.
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 - 321 KB)
Maine Judicial Branch, Administrative Office of the Courts (2018)
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.