NCJ Number
96915
Journal
Vermont Law Review Volume: 6 Issue: 2 Dated: (Fall 1981) Pages: 381-402
Date Published
1981
Length
22 pages
Annotation
If child protection services (CPS) are to comply with State child abuse reporting laws, they must lobby for legislative and regulatory reform to clarify or modify an agency's legal responsibilities and more effectively use the legal talent at their disposal.
Abstract
Decisions that profoundly affect families must be made within the confines of the CPS agency's enabling legislation, State laws, and constitutional limitations. Deviations such as failure to remove a child, supervise a child in foster care, or provide services may subject agencies to legal liability. If the agency cannot satisfy mandated duties, either because there are too few workers or insufficient family services, the legislature should address ways to reduce the caseloads or increase services. Child protection workers should work closely with administrators and legislators to prioritize their responses based on varying degrees of maltreatment. For example, a review of characteristics of substantiated versus unsubstantiated cases should provide guidelines for priorities and policies. The agency also should fully utilize the court system when it has decided to remove a child. It must obtain the court orders required by statute and adhere to judicial requirements for reviewing foster care placements. Collaboration between child welfare and legal professionals could be improved by legal training and reference materials for CPS workers, providing agency in-house counsel, and training for lawyers who work the child protection field. Finally, CPS practitioners should work more cooperatively with attorneys representing parents and children in such cases. The article includes 80 footnotes.