Family Law Commons^™

Stories Told And Untold: Confidentiality Laws And The Master Narrative Of Child Welfare, Matthew I. Fraidin

Georgetown Law Faculty Publications and Other Works

In most states, child welfare hearings and records are sealed or confidential. This means that by law, court hearings and records may not be observed. The same laws and court rules also preclude those who are authorized to enter and watch from discussing anything learned or observed in a closed courtroom or from a sealed court record with anyone not involved in the case. It is the restriction on speech—on telling stories about child welfare—with which this Article is concerned.

The master narrative of child welfare depicts foster care as a haven for child-victims savagely brutalized by “deviant,” “monstrous” parents. …

Intervention Between Parent And Child: A Reappraisal Of The State’S Role In Child Neglect And Abuse Cases, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Once a court agrees that it has sufficient cause to assume jurisdiction in order to protect a child, there is a high probability that the child will be separated from his family for months or years, or permanently. Despite the disruptive impact this process obviously can have on children and their families, at present there is little consensus about when a court should find that a particular child is neglected or abused. And just as there is little agreement on when intervention in a particular family is justified, there is little agreement about what forms of intervention are constructive.