NCJ Number
139370
Date Published
1992
Length
222 pages
Annotation
This book on legal issues in child abuse and neglect examines the legal implications of interviewing children who may be abused or neglected, discusses expert testimony in such cases, and indicates how to cope with cross-examination in court cases.
Abstract
The opening chapter explores the workings of the American legal system and describes the many ways in which the law affects maltreated children, their families, and the professionals who interact with them. The second chapter discusses the increasingly important legal implications that arise when children are interviewed, with the focus on child sexual abuse cases. A chapter on the need for confidentiality and the requirements of disclosure for records and communications in child abuse cases addresses the parameters of confidentiality, sources of confidentiality and privilege, and the disclosure of confidential and privileged information. A chapter on the child abuse reporting laws examines who reports, the definitions of abuse and neglect, what triggers a report, emergency protective custody, photographs and X-rays without parental consent, and the penalty for failure to report. Other reporting issues discussed are immunity of reporters from lawsuits and the duty to report in relation to privileges and the ethical duty to protect confidential information. The remaining three chapters feature discussions of expert testimony in child abuse and neglect litigation, cross-examination and impeachment of witnesses, and lawsuits against professionals who work with abused and neglected children. Appended sample court order to protect access to videotapes, 280 references, and subject index