DUE PROCESS IN CHILD PROTECTIVE PROCEEDINGS (FROM NATIONAL SYMPOSIUM ON CHILD ABUSE, 1972 - SEE NCJ-09640)

• NCJ Number: 48645
• Author(s): T T BECKER
• Date Published: 1972
• Length: 5 pages
• Corporate Author: American Humane Assoc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

SUPREME COURT RULINGS ON DUE PROCESS PROCEEDINGS IN JUVENILE COURT CASES ARE REVIEWED AND APPLIED TO CHILD ABUSE AND NEGLECT PROCEEDINGS.

Abstract

THE CONSEQUENCES TO THE DEFENDANT FROM A GUILTY VERDICT IN A CRIMINAL CASE MAKE IT IMPERATIVE THAT DUE PROCESS PROCEEDINGS ESTABLISH GUILT BEYOND A REASONABLE DOUBT. IN CIVIL LITIGATION, ON THE OTHER HAND, IT GENERALLY IS ACCEPTED THAT A VERDICT OF GUILTY MAY REST UPON A PREPONDERANCE OF THE EVIDENCE, DUE TO THE FACT THAT ERRORS OR INADEQUACIES IN FACTFINDING, CAUSE NO SEVERE CONSEQUENCE TO EITHER PARTY (I.E., LOSS OF LIBERTY IN CRIMINAL PROCEEDINGS). UNTIL A RECENT SUPREME COURT RULING, A FINDING OF DELINQUENCY IN JUVENILE COURT COULD BE BASED ON A PREPONDERANCE OF THE EVIDENCE; HOWEVER, THE SUPREME COURT HAS RULED THAT, DUE TO THE POSSIBILITY OF LOSS OF LIBERTY AND THE STIGMA ATTACHED TO A FINDING OF DELINQUENCY, A FINDING OF DELINQUENCY MUST BE BASED UPON PROOF BEYOND A REASONABLE DOUBT. IT IS ARGUED THAT THE RATIONALE IN THIS CASE SHOULD NOT APPLY TO NEGLECT PROCEEDINGS, BECAUSE ADVERSE CONSEQUENCES PRODUCED BY THE HEARING'S OUTCOME ARE NOT BORNE SOLELY BY THE RESPONDENT PARENT. SHOULD THE COURT DISMISS THE NEGLECT PETITION, ALLOW THE CHILD TO CONTINUE TO STAY WITH THE PARENT WHEN THERE IS DANGER TO THE CHILD, THEN THE CHILD BEARS THE CONSEQUENCES OF THE DISMISSAL RULING. AN ERRONEOUS FINDING OF NEGLECT, ON THE OTHER HAND, IS NOT A FINAL DISPOSITION, SINCE IT IS SUBJECT TO REVIEW AT THE DISPOSITIONAL HEARING WHERE MATERIAL NOT PREVIOUSLY AVAILABLE TO THE COURT CAN BE CONSIDERED. IT IS CONCLUDED, THEREFORE, THAT THE IRREMEDIAL SOCIAL DISUTILITY RESULTING FROM THE DISMISSAL OF A NEGLECT PETITION THROUGH ERROR, COUPLED WITH THE OPPORTUNITY FOR REMEDIAL ACTION WHERE THE FINDING IS IN ERROR, JUSTIFY A LESSER STANDARD OF PROOF FOR NEGLECT PROCEEDINGS THAN IS REQUIRED IN A DELINQUENCY PROCEEDING. PROOF BY A PREPONDERANCE OF THE EVIDENCE IS DEEMED SUFFICIENT TO SATISFY THE REQUIREMENTS OF DUE PROCESS IN NEGLECT CASES. (RCB)