NCJ Number
56317
Date Published
1978
Length
30 pages
Annotation
THIS ARTICLE FROM THE ATTORNEYS' HANDBOOK ON CHILD ABUSE CONSIDERS THE INVESTIGATION, TREATMENT, AND DISPOSITION OF CHILD ABUSE CASES, EMPHASIZING THE RIGHTS AND RESPONSIBILITIES OF THE PARENTS AND CHILDREN.
Abstract
AFTER DETERMINING AN INCIDENT OF CHILD ABUSE, THE JUVENILE COURT MAY DISPOSE OF THE CASE ACCORDING TO THE NEEDS OF THE INDIVIDUAL CHILD. THE JUDGE'S DISPOSITIONAL POWER IS RESTRICTED ONLY BY STATE LAW. THE AVAILABLE OPTIONS FOR DISPOSITION INCLUDE RELEASE OF THE CHILD TO THE HOME OF A RELATIVE UNDER AGENCY SUPERVISION, AN ORDER OF PROTECTION SETTING FORTH CONDITIONS OF BEHAVIOR FOR THE DEFENDANT, OR THE REMOVAL OF THE CHILD TO A PUBLIC FACILITY WITH TERMINATION OF PARENTAL RIGHTS. THE JUDGE'S DETERMINATIONS ARE GUIDED BY PREDISPOSITIONAL INVESTIGATION REPORTS, WHICH INCLUDE INTERVIEWS WITH INVOLVED PARTIES, AND VISITS TO THE CHILDRENS' HOMES. THE RIGHT TO APPEAL FROM A JUVENILE COURT'S FINAL ACTION MUST BE FULFILLED IN ACCORDANCE WITH STATE LAW. AN APPELLATE COURT MAY REVIEW THE LOWER COURT'S ACTION IF THERE WERE INDICATIONS THAT THE BEST INTERESTS OF THE CHILD HAD NOT BEEN SATISFIED BY THE COURT, OR IF THE CONSTITUTIONAL RIGHTS OF THE PARTIES WERE VIOLATED. ALTHOUGH A COURT IS MANDATED TO PROVIDE TREATMENT FOR A CHILD, IT MAY NOT REMOVE A CHILD FROM PARENTAL CUSTODY MERELY BECAUSE A BETTER ENVIRONMENT FOR THE CHILD IS AVAILABLE. EXCEPT IN A SHOWING OF NEGLECT, THE PARENT RETAINS THE RIGHT TO RAISE HIS OR HER CHILD. THE COURT MUST EXPLORE ALTERNATIVES TO ANY DISPOSITION, AND PROVIDE THE LEAST DETRIMENTAL DISPOSITION. PARTICIPANTS IN THE DISPOSITIONAL HEARING ARE OBLIGED TO CONTRIBUTE RELEVANT INFORMATION FROM THEIR OWN PERSPECTIVE. FOOTNOTES ARE PROVIDED. (TWK)