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CHILD NEGLECT AND DEPENDENCY - A DIGEST OF CASE LAW

NCJ Number
11038
Author(s)
E W BROWNE
Date Published
1973
Length
53 pages
Annotation
JURISDICTION, PROCEDURES, AND DISPOSITION OF CASES CONCERNING SUCH ISSUES AS CHILD ABUSE, PARENTAL RIGHTS AND TERMINATION OF PARENTAL CUSTODY.
Abstract
IN NEGLECT AND DEPENDENCY CASES, THE COURT MUST WEIGH THE RIGHTS OF A PARENT, THE RIGHTS OF THE CHILD, AND THE RIGHTS OF SOCIETY. THIS PUBLICATION DISCUSSES JUVENILE COURT DISPOSITION, DEFINES THE JURISDICTION OF THE JUVENILE COURT, AND TREATS SUCH POINTS OF PROCEDURE AS PETITION AND NOTICE, COUNSEL, HEARING, EVIDENCE, AND RIGHT TO TRANSCRIPT. THE AUTHOR STATES THAT APPELLATE COURT DECISIONS ARE EXHIBITING SOME EVOLUTIONARY CHANGES IN THE AREAS OF DUE PROCESS, BURDEN OF PROOF AND QUANTUM OF EVIDENCE, AND THE STANDING OF VARIOUS PERSONS (GRANDPARENTS AND UNWED FATHERS), IN PRESENTING THEIR CASES IN COURT. CASES CITED IN THIS DOCUMENT COVER SUCH DIFFICULT ISSUES AS CHILD ABUSE, REFUSAL TO PROVIDE MEDICAL CARE, AND PARENTAL INCAPACITY. OTHER DECISIONS CONCERN CUSTODY, TERMINATION OF PARENTAL RIGHTS, AND ADOPTION. CHILD NEGLECT AND DEPENDENCY CONSISTS OF DISCUSSION ILLUSTRATED BY CASE EXCERPTS WHICH INDICATE SOME OF THE PROBLEMS OF DECISION-MAKING AND CHANGES IN CASE LAW. FOR FURTHER INFORMATION ON LEGAL RIGHTS OF CHILDREN AND SUPREME COURT DECISIONS REFER TO NCJ-10028 AND NCJ-11040. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)

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