Many years ago my colleague Janet Mason recruited me to teach about evidence issues in abuse, neglect, dependency, and termination of parental rights cases. She asked because most of the appellate law was criminal. After some grumbling, I produced a skinny 10-page paper in 2001. I’ve been adding to it ever since, and it has grown to a much longer chapter in the just-released 2017 edition of Abuse, Neglect, Dependency, and Termination of Parental Rights Proceedings in North Carolina. Although the manual is not about criminal cases, it may be helpful to those who work in the criminal courts. You can access the manual at no charge here. You can jump directly to the evidence chapter here.
[Editor’s note: This post originally ran last week on the School’s civil law blog, On the Civil Side. Because it concerns prosecutors’ roles in abuse, neglect, and dependency cases, it is cross-posted here.]
Like every other state, North Carolina has a mandated reporting law for child abuse and neglect. North Carolina’s law requires any person or institution with cause to suspect a child is abused, neglected, or dependent by a parent, guardian, custodian, or caretaker to make a report to the county child welfare department (in most counties, DSS) where the child resides or is found. G.S. 7B-301. What is in a report? Are there protections for the reporter? What are the rights of the reporter? If DSS decides not to initiate a court action, can the reporter challenge that decision?
Beyond the Bench, the podcast of the Judicial College here at the School of Government, is back with a new season. Professor Sara DePasquale takes the reins as the host for Season 2, which explores the issue of juvenile homelessness. Sara explains that the season: focuses on neglect and the child welfare system with a … Read more
[Editor’s note: This post was originally published on the SOG’s civil law blog, On the Civil Side. Nonetheless, given its coverage of Confrontation Clause issues arising from a criminal case, we thought that it would be of interest to many of our readers.]
Last month the U.S. Supreme Court decided Ohio v. Clark, 135 S.Ct. 2173 (2015). The Court determined whether a teacher’s testimony of a child’s statements to her was barred by the Confrontation Clause. My colleague, Jessica Smith, wrote a blog post about the holding and its impact in criminal cases. But, what about the world of child protective services?
[Update, May 2016: In this post on the SOG’s civil blog, Sara discusses two new appellate cases concerning the definition of abuse in the child discipline context.]
[Editor’s note: Today’s post is by Sara DePasquale, a relatively recent addition to the SOG faculty. Sara works in the areas of juvenile law and child welfare, and we are delighted to welcome her to the blog.]
Last Tuesday, Minnesota Vikings running back Adrian Peterson pled no contest to misdemeanor reckless assault after being charged in September with felony child abuse for disciplining his 4 year old son with a switch. Since the charges, he has been on the NFL “Commissioners Exempt List” and unable to play. Nike terminated his contract on Tuesday, and his future with the NFL remains uncertain.
The prosecution of a South Carolina mother who left her 9-year-old child unattended in a park several days in a row while the mother worked her shift at a nearby McDonald’s has been widely covered and roundly criticized. The mother reportedly was charged as a result of the incident with unlawful neglect of a child, … Read more