CALiO Search

Child Protective Services and Police Interference with Family Relations: A Constitutional

Show simple item record

dc.creator Rosman, M. E. 2013-09-19T16:26:33Z 2013-09-19T16:26:33Z 2012
dc.description The Constitution protects the rights of families from interference. This paper introduces the reader to the application of the Constitution to situations in which a state actor usually a representative of a Child Protective Services-type agency or a police officer has interfered with a family s right to be together, or a parent s right to make decisions for a child, prior to the family (or parent) having the opportunity to defend itself (or himself) in court. The general constitutional rule is that notice and a hearing are required before state actors can effect any such interference, even temporary interference. Accordingly, the kind of interference examined in this paper ought to be a rare exception, available only when there is reasonable basis to believe that a substantial, negative outcome will occur (most often, to a child) before a fair hearing can take place. I suggest that, given the speed with which judicial hearings can be held in this day and age, there are few instances in which such hearings are properly delayed. The cases studied suggest that the right to family integrity is too frequently violated by overzealous members of the child protection community, with little or inadequate check from the judiciary.
dc.format pdf
dc.publisher Society of Catholic Social Workers
dc.subject Child abuse
dc.subject Courts
dc.subject Family -- support
dc.subject Law -- federal
dc.title Child Protective Services and Police Interference with Family Relations: A Constitutional
dc.type Text

Files in this item

Files Size Format View

There are no files associated with this item.

This item appears in the following Collection(s)

Show simple item record



My Account