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1988

Washington Law Review

Juvenile Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin Jul 1988

Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin

Washington Law Review

This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …


Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin Jul 1988

Legal Barriers In Child Abuse Investigations: State Powers And Individual Rights, Mark Hardin

Washington Law Review

This article addresses the legal dimensions of an important and difficult problem sometimes faced by social workers employed with child protection agencies: noncooperation with investigations. This problem can arise when the child's family denies access to the home or the child, or when others, such as schools and health providers, decline to cooperate with the investigation. This article identifies the constitutionally based procedural requirements that are applicable to child abuse investigations. It then proposes specific legislative reforms consistent with these constitutional requirements. The discussion of procedural requirements for child protection proceedings necessarily considers whether existing criminal and administrative procedures apply …