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Full-Text Articles in Law

Liability Of The State And Its Employees For The Negligent Investigation Of Child Abuse Reports, Susan Lynn Abbott Dec 1993

Liability Of The State And Its Employees For The Negligent Investigation Of Child Abuse Reports, Susan Lynn Abbott

Alaska Law Review

No abstract provided.


The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips Oct 1993

The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips

Michigan Law Review

This Note discusses the due process implications of permitting employer access to state child abuse registries when disclosure affects registry members' employment.


Domestic Relations Parent And Child Relationship Generally: Establish New Protocols For Child Abuse Investigations, Deprivations, And Access To Records; Establish Battered Spouse And Child Defenses, Virginia Ann Johnson Sep 1993

Domestic Relations Parent And Child Relationship Generally: Establish New Protocols For Child Abuse Investigations, Deprivations, And Access To Records; Establish Battered Spouse And Child Defenses, Virginia Ann Johnson

Georgia State University Law Review

These Acts are a comprehensive reform to existing child abuse legislation. The Acts provide for law enforcement involvement in child abuse investigations, require each county to reform a child abuse committee and a child fatality subcommittee, and allow access to child abuse reports by child abuse committees, law enforcement personnel, school counselors, medical examiners, and certain state officials. They also require court approval to return a deprived child to his parents, and they establish a battered spouse or child defense.


The Georgia Child Hearsay Statute And The Sixth Amendment: Is There A Confrontation?, Nicki Noel Vaughan Sep 1993

The Georgia Child Hearsay Statute And The Sixth Amendment: Is There A Confrontation?, Nicki Noel Vaughan

Georgia State University Law Review

No abstract provided.


1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon Jul 1993

1. Children's Decision-Making Competency: Misunderstanding Piaget., Thomas D. Lyon

Thomas D. Lyon

Children's decision making ability is important in a number of areas in the law.  A child's competence to decide affects how her actions and opinions are evaluated in family court proceedings, dependency actions, delinquency cases, and civil suits.


1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell May 1993

1. Young Children's Understanding Of Forgetting Over Time., Thomas D. Lyon, John H. Flavell

Thomas D. Lyon

2 studies investigated young children's understanding that as the retention interval increases, so do the chances that one will forget. In Study 1 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 characters who simultaneously saw an object, the character who waited longer before attempting to find it would not remember where it was. In study 2 (24 3-year-olds and 24 4-year-olds), 4-year-olds but not 3-year-olds understood that of 2 objects seen by a character, the object that was seen a "long long time ago" would be forgotten and the object seen "a little while ago" …


Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson Apr 1993

Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson

Dalhousie Law Journal

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the …


County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer Feb 1993

County Welfare Department Liability For Handling Reports Of Child Abuse, Kim Boyer

San Diego Law Review

When a social worker receives a complaint of child abuse and determines that the situation is non-urgent, should the county welfare department be held liable for subsequent injury to the child? This Comment analyzes the four contexts in which a special relationship with a county welfare department may arise and concludes that a duty of care should not be imposed upon county welfare departments in these situations. The author concludes that if the social worker reasonably determines that the situation was non-urgent, the county welfare department should not be held liable. Alternatively, even if a duty of care is imposed, …


Munchausen Syndrome By Proxy And Its Evidentiary Problems, Tracy Vollaro Jan 1993

Munchausen Syndrome By Proxy And Its Evidentiary Problems, Tracy Vollaro

Hofstra Law Review

No abstract provided.


Child Protection Law, Suellyn Scarnecchia Jan 1993

Child Protection Law, Suellyn Scarnecchia

Book Chapters

The Fifth and Fourteenth Amendments to the U.S. Constitution protect a parent's custodial rights. However, such rights are not absolute and may be terminated. There is no substantive due-process right to live together as a family. Doe v Oettle, 97 Mich App 183, 293 NW2d 760 (1980). Parents are not held to ideal standards in the care of their children but to minimum statutory standards. Fritts v Krugh, 354 Mich 97, 92 NW2d 604 (1958).