Child Abuse and Neglect Coun 150 – Laws Relating to Children Richard M. Cartier Class 7

Delicate Balancing Parents right to raise their children The responsibility of the state to protect children [parens patriae]

The child protective system 1874 – New York: Mary Ellen 1960’s – media attention resulted laws requiring reports of child abuse See stats: p. 90

Reporting Laws in California Penal Code § Child abuse Willful cruelty or unjustifiable punishment Sexual assault Severe neglect General neglect

Corporal Punishment In the home In the school In foster care / juvenile detention

The duty to report... Mandated reporters Must report reasonably suspected physical or sexual child abuse May report emotional abuse

Penalties for failing to report Criminal Fine Jail Loss of license Civil – a suit for money damages

More on abuse and neglect How do I recognizing abuse? What happens when a report is made? What is the reporter’s liability?

Child Protective Services Responsibilities No duty to intervene Limited tort liability (immunity) Systemic problems Wrongful removal

Reunification The “reasonable efforts” requirement The Adoption and Safe Families Act of 1997 Requires states to terminate parental rights if the child cannot be returned home Terminating parental rights