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Child abuse : law and policy across boundaries Hoyano, Laura; Keenan, Caroline

By: Contributor(s): Material type: TextTextAnalytics: Show analyticsPublication details: Oxford ; New York Oxford University Press 2007Description: 1002 p. ; 24 cmISBN:
  • 9780198299462 (hbk. : alk. paper)
Subject(s): DDC classification:
  • 345.025554
Contents:
I. Themes and questions 1. Introduction II. The legal framework for adjudicating allegations 2. Family law 3. Liability in criminal law 4. Liability in tort and human rights law III. The inquiry process 5. Investigating and eva
Summary: This book presents a detailed analysis of the investigation and adjudication of allegations of child abuse and neglect in the criminal, family and tort systems of law and the rule of evidence operating in each of these systems. There are four overarching themes in the book: child abuse as a social and legal construct, the family as a private sphere, child abuse and social panics, and how different agencies with responsibilities for child protection work together. Focused on English law, the book also provides comprehensive comparative analysis with the criminal, family and tort systems of law in Australia, Canada, New Zealand and the United States. The authors evaluate these different legal systems in relation to the type and level of abuse or neglect that warrants state intervention, the evidence relevant to decision makers and the allowable ways it can be collected. The book contains detailed discussion of the New Zealand approach to child protection legislation including discussion of: the role of court orders; family involvement in decision making; how evidence is managed including that of expert witnesses, children, and third parties; how the law deals with delayed complaints; negligence by child protection agencies, and the availability of punitive damages. Some key features of the New Zealand system compared to those of the other jurisdictions examined are the place of the family group conference in The Children, Young Persons & their Families Act 1989, and the almost total replacement of the common law tort system with the no-fault compensation scheme for accidental personal injury, which has been interpreted to include intentional acts such as battery and assault. The book concludes with a summary of the current legal position (primarily in England), noting, for example, the common law's persistent suspicion of children as witnesses. The authors also comment on the negative effects of the law on practice, warning that the law must not be so excessively detailed that those working in the field cannot understand or use it.
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I. Themes and questions 1. Introduction II. The legal framework for adjudicating allegations 2. Family law 3. Liability in criminal law 4. Liability in tort and human rights law III. The inquiry process 5. Investigating and eva

This book presents a detailed analysis of the investigation and adjudication of allegations of child abuse and neglect in the criminal, family and tort systems of law and the rule of evidence operating in each of these systems. There are four overarching themes in the book: child abuse as a social and legal construct, the family as a private sphere, child abuse and social panics, and how different agencies with responsibilities for child protection work together. Focused on English law, the book also provides comprehensive comparative analysis with the criminal, family and tort systems of law in Australia, Canada, New Zealand and the United States. The authors evaluate these different legal systems in relation to the type and level of abuse or neglect that warrants state intervention, the evidence relevant to decision makers and the allowable ways it can be collected. The book contains detailed discussion of the New Zealand approach to child protection legislation including discussion of: the role of court orders; family involvement in decision making; how evidence is managed including that of expert witnesses, children, and third parties; how the law deals with delayed complaints; negligence by child protection agencies, and the availability of punitive damages. Some key features of the New Zealand system compared to those of the other jurisdictions examined are the place of the family group conference in The Children, Young Persons & their Families Act 1989, and the almost total replacement of the common law tort system with the no-fault compensation scheme for accidental personal injury, which has been interpreted to include intentional acts such as battery and assault. The book concludes with a summary of the current legal position (primarily in England), noting, for example, the common law's persistent suspicion of children as witnesses. The authors also comment on the negative effects of the law on practice, warning that the law must not be so excessively detailed that those working in the field cannot understand or use it.

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