Liability of Agencies, Child Protection Teams, and Individuals (From The New Child Protection Team Handbook, P 356-369, 1988, Donald C Bross, et al, eds. -- See NCJ-115142)

• NCJ Number: 115152
• Author(s): D C Bross
• Date Published: 1988
• Length: 14 pages
• Sale Source: Garland Publishing, Inc.
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

This paper discusses the basic types of liability in child protection practice, confidentiality in the work of child protection teams, risk management, and team liability versus individual liability.

Abstract

Failure to identify, diagnose, and report suspected child abuse and neglect can result in criminal or civil liability under statutes or case law throughout the United States. No response or inappropriate response to reports of suspected child abuse and neglect have been litigated and have led to damage suits in a number of States. If a child is placed outside the home, a number of additional issues arise with respect to selection, training, and the monitoring of the child in placement. Teams must maintain a protective stance toward releasing information about a child and family while assuring the appointing authority or the public that team members are performing the task of child protection in an adequate manner. Regarding such confidentiality, this paper discusses the rights of privacy, nondisclosure, and privilege; information releases; waivers for the release of normally confidential data; accountability to the public while maintaining confidentiality; and the liability of the entire team. Inherently, child protection teams are a risk-management tool. Built-in second opinions, heterogeneous composition, the structured exposition of conflict, and the review of team practice decrease the chance of error. The degree to which a team is liable may depend on the degree to which its actions are supervisory as opposed to educational or advisory. 35 references.