NCJ Number
58892
Date Published
1978
Length
132 pages
Annotation
BRITISH CARE PROCEEDINGS AND RULES OF EVIDENCE DISCUSSED IN THIS REFERENCE BOOK ARE INTENDED TO BE APPLICABLE TO ANY SITUATION INVOLVING CHILD ABUSE AND NEGLECT. TWO AIMS CHARACTERIZE THE CONTENTS OF THIS LISTING: (1) TO
Abstract
PROVIDE DEFINITIVE RULES OF EVIDENCE AND PROCEDURE IN CASES INVOLVING NONACCIDENTAL INJURY AND (2) TO PROVIDE THOSE WITHOUT LEGAL TRAINING A GUIDE TO THE RULES OF EVIDENCE AND PROCEDURE IN CHILD ABUSE CASES BROUGHT BEFORE JUVENILE COURTS. THE TEXT IS WRITTEN FOR DOCTORS, SOCIAL WORKERS, AND HEALTH VISITORS WHO ARE EXPERTS IN THEIR OWN FIELDS BUT ARE NOT FAMILIAR WITH LEGAL TERMS AND PROCEDURES. JUSTICES OF THE PEACE WHO ARE MEMBERS OF THE JUVENILE PANEL MAY ALSO FIND IT USEFUL. OPINIONS OF WHAT THE LAW OUGHT TO BE, AND AMBIGUITIES IN THE PROCEDURES AND RULES OF EVIDENCE ARE EXPRESSED. THE TEXT CAN BE READ WITHOUT REFERRING TO THE FOOTNOTES, WHICH STATE THE REFERENCES, CLARIFY SOME OF THE MORE OBSCURE POINTS, OR NOTE EXCEPTIONS WHICH ARE NOT CRUCIAL TO UNDERSTANDING CARE PROCEEDINGS. THERE ARE EIGHT MAJOR CATEGORIES FOR PROCEDURE DISCUSSION: (1) JURISDICTION OF JUVENILE COURTS--STATUTORY PROVISIONS TO CHILD ABUSE, WELFARE OF THE CHILD, WHO MAY BRING CARE PROCEEDINGS, AND WHO ARE THE PARTIES; (2) THE COURT'S FINDINGS IN A CARE CASE--WHAT MUST BE PROVED EITHER IN THE INITIAL PROCEEDINGS OR TO DISCHARGE AN ORDER; (3) ORDERS FOR THE CHILD'S PROTECTION--PLACE OF SAFETY ORDERS, INTERIM ORDERS, AND GENERAL ORDERS IN CARE PROCEEDINGS; (4) PROCEDURE IN JUVENILE COURTS--THE ORDER OF PROCEDURE, AND RULES CONCERNING WITNESSES; (5) EVIDENTIARY CONCEPTS USED IN CARE PROCEEDINGS--DEFINITIONS, RELEVANCE IN CARE PROCEEDINGS; (6) RULES OF EVIDENCE, AND DOCUMENTS; (7) EXCLUSIONARY RULES OF EVIDENCE-PRIVILEGE, OPINION EVIDENCE, AND RULE AGAINST HEARSAY EVIDENCE; AND (8) APPEALS AND ALTERNATIVE PROCEEDINGS SUCH AS WARDSHIPS. EXTENSIVE FOOTNOTES SUPPORT THE TEXT. TABLES OF STATUTES, RULES AND REGULATIONS AND CASES PRECEED THE TEXT, ALONG WITH DEFINITIONS AND A LIST OF BOOKS, REPORTS, AND GUIDES. AN INDEX IN INCLUDED. (MHP)