NCJ Number
75991
Journal
Child Abuse and Neglect Volume: 3 Issue: 1 Dated: (1979) Pages: 315-321
Date Published
1979
Length
7 pages
Annotation
English child protection legislation and procedure regarding removal of a child from parental care are explained and evaluated.
Abstract
An order may be made authorizing that a child be removed from the home to a place of safety (normally a children's home) for a period not exceeding 28 days. Such an order may be issued if the magistrate is satisfied that the person making the application has reasonable cause to believe that any of the grounds for care proceedings are satisfied. Applicants merely have to satisfy a magistrate that they have a reasonable suspicion. While there should be provisions for emergency removal of a child from the home, the same requirements should be imposed as are required for an injunction in the High Court -- namely, to produce evidence, either oral or an affidavit, support of the application, giving grounds for the applicant's reasonable belief that the child is at risk. A copy of the affidavit setting out such evidence should be served on the parents at the time the child is removed, and it should then be open to representatives of the child or the parents to challenge the order at any time thereafter, the child being independently represented at the hearing. Other recommendations are that a family court should be established to deal with all legal problems relating to the child and the family, that the judges of such a court and the lawyers practicing before it should have medical and social work training, that social service departments should seek alternatives to legal action in less serious cases and should give more attention to working out courses of action with the family, and that local authorities should be accountable for children in their care to a much greater extent than at present. No references are cited.