NCJ Number
108813
Date Published
1987
Length
135 pages
Annotation
This report provides guidelines for attorneys representing parents accused of abusing or neglecting their children and examines six recurring problems facing defense attorneys in civil proceedings.
Abstract
General principles of defense advocacy are reviewed and ethical dilemmas related to representing the parents and concern for the child's welfare are discussed. District of Columbia provisions on removal/return of the child to the parental home are presented, and the ongoing decision process is discussed in terms of danger to the child and the availability and suitability of alternate protective measures. Factors for determining whether parental punishment was reasonable or abusive are delineated. A general description is provided of how the child's physical condition is used as circumstantial evidence of maltreatment, and a framework for defending against such evidence is proposed that considers other possible causes/explanations of the child's apparent injuries. Special issues in victim testimony in child sexual abuse cases are examined including those relating to in-camera interviews, physical evidence, witness credibility, and retractions. Inappropriate foster placements based on family poverty are discussed, and appropriate defense response is outlined. Finally, circumstances when case dismissal is in the child's best interests are described. 10 charts.