Criminal and Civil Liability in Child Welfare Work: The Growing Trend

• NCJ Number: 109861
• Author(s): D J Besharov
• Date Published: 1986
• Length: 72 pages
• Corporate Author: American Bar Assoc
• Sale Source: National Institute of Justice/; American Bar Assoc
• Language: English
• Country: United States of America

Annotation

Based on a review of all criminal prosecutions and civil damage suits filed against child welfare workers, this monograph describes the kinds of caseworker conduct likely to precipitate a civil lawsuit or a criminal prosecution, so as to help caseworkers limit their legal vulnerability and fulfill their professional responsibilities to children and parents.

Abstract

Liability for inadequately protecting a child may stem from failure to accept a report for investigation, failure to investigate adequately, and failure to place a child in protective custody. Liability for violating parental rights may derive from a slanderous investigation, wrongful removal of children from the home, malicious prosecution, and violation of confidentiality. Liability for inadequate foster care services may be due to dangerous foster care placements and failure to meet the child's needs for special care. Liability for children who remain in foster care may be occasioned by failure to treat parents or failure to arrange the child's adoption. Appendixes contain materials on caseworker liability, professional standards relating to child protective work, articles on liability for failure to report suspected child maltreatment, and a National Association of Social Workers' statement on social worker liability. 147 footnotes and 1984 and 1986 supplements describing relevant cases.