Legal issues in child abuse and neglect / John E.B. Myers.
1992
KF9323 .M94 1992 (Map It)
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Details
Author
Title
Legal issues in child abuse and neglect / John E.B. Myers.
Published
Newbury Park, Calif. : Sage Publications, [1992]
Copyright
©1992
Call Number
KF9323 .M94 1992
ISBN
0803942311
080394232X (pbk.)
080394232X (pbk.)
Description
xiii, 209 pages : illustrations ; 23 cm.
System Control No.
(OCoLC)26400303
Note
Erratum slip inserted
Bibliography, etc. Note
Includes bibliographical references (pages 189-200) and index.
Series
Record Appears in
Table of Contents
Acknowledgments
Introduction
1
Overview of the American Legal System
1
The Adversary System of Justice
2
The Judicial System
3
The Legal System in Operation
8
The Response of the Criminal Justice System
9
Overview of the Legal System
25
2
Legal Implications of Interviewing Children Who May Be Abused or Neglected
30
The Attack on the Interviewer
31
Interviews as Opportunities to Gather Evidence of Child Abuse and Neglect
33
Steps Toward Forensically Defensible Interviews
54
3
Balancing the Need for Confidentiality and the Requirements of Disclosure
84
Defining the Parameters of Confidentiality
85
Sources of Confidentiality and Privilege
86
Disclosure of Confidential and Privileged Information
92
4
The Reporting Laws
100
Who Reports?
101
Definitions of Abuse and Neglect
101
What Triggers a Report?
102
Emergency Protective Custody
103
Photographs and X Rays Without Parental Consent
103
Penalty for Failure to Report
104
Immunity From Lawsuits
104
Duty to Report in Relation to Privileges and Ethical Duty to Protect Confidential Information
104
5
Expert Testimony in Child Abuse and Neglect Litigation
106
Defining Expert Testimony
107
When Expert Testimony Is Allowed
107
Who Qualifies to Testify as an Expert Witness
108
The Form of Expert Testimony
109
The Degrees of Legal Proof
112
Types of Information on Which Expert Witnesses May Base Opinions
114
Expert Testimony on Ultimate Factual and Legal Issues
115
Expert Testimony in Physical Abuse Cases
117
Expert Testimony in Sexual Abuse Litigation
121
Expert Testimony in Neglect Litigation
145
Special Issues in Child Abuse and Neglect Litigation in Juvenile Court
155
6
Cross-Examination and Impeachment
158
Impeachment of Lay Witnesses
160
Impeachment of Expert Witnesses
162
Reviewing Client Records in Preparation for Testifying
170
Limitations on Cross-Examination
171
Special Accommodations for Child Witnesses
171
7
Lawsuits Against Professionals Working With Abused and Neglected Children
176
Lawsuits Against Professionals in Private Practice
177
Lawsuits Against Professionals Employed by the Government
180
Conclusion
185
Appendix: Sample Court Order to Protect Access to Videotapes
186
References
189
Index
201
About the Author
209