Courts and Child Maltreatment (From Battered Child, Fifth Edition, P 482-499, 1997, Mary E. Helfer, Ruth S. Kempe, et al., eds. -- See NCJ-183728)

• NCJ Number: 183748
• Author(s): Howard A. Davidson J.D.
• Date Published: 1997
• Length: 18 pages
• Sale Source: University of Chicago Press
• Publication Format: Book (Softbound)
• Publication Type: Collected Work
• Language: English
• Country: United States of America

Annotation

Since the beginning of recorded history of child protection in the United States, courts have played a key role in the response to child abuse and neglect.

Abstract

Child maltreatment cases are pervasive throughout the court system. Over the past two decades, these cases have increased in volume and the number of hearings associated with them have far surpassed juvenile delinquency proceedings. Some children's advocates believe there has been too much reliance on the courts and their inherent adversarial approach in child protection matters. Others contend the judiciary plays a critical role in safeguarding the legal rights and welfare of maltreated children. Different categories of and bases for instituting child abuse and neglect judicial actions are described. Various aspects of the most prevalent forms of child maltreatment proceedings are examined, as well as the emergence of such proposals for reform as alternatives to traditional methods of court involvement and expansion of the presumed rights of children affected by judicial action or inaction. Principles governing court involvement with families are discussed, and varying court standards and approaches associated with child maltreatment cases are considered. 24 references