NCJ Number
95742
Journal
Journal of Family Law Volume: 13 Issue: 4 Dated: (1973-1974) Pages: 819-852
Date Published
1974
Length
34 pages
Annotation
Evidentiary problems of proof that confront juvenile and family courts in child abuse cases are examined, including the extra-legal factors that create these problems, and proposals to relieve these problems are offered.
Abstract
Maltreatment is the leading cause of child death, and about 50 percent of the abused children who survive suffer permanent physical injury. Juvenile and family courts are charged with the protection of children, but many cases heard in these forums have unsatisfactory outcomes, primarily due to inadequacies in the collection, presentation, and receipt of evidence. Problems in evidence collection arise because of the language and requirements of the reporting laws, the unreliability of reporting parties, and fragmentation and duplication in the agencies responsible for receiving and investigating the reports. Problems in evidence presentation occur because of the recalcitrance of the agencies involved, the manner of the presentation, and the nature of the evidence. Evidence is largely circumstantial and often inadequate to establish two necessary elements of the petitioner's case: that the injury was not accidental and the accused's part in causation. In the receipt of evidence, problems arise due to the judges and the court system itself. Changes designed to increase the quality of judicial decisionmaking in child abuse cases are suggested. A total of 154 references are included.