CHILD ABUSE AND NEGLECT
Child Abuse & Child Welfare Federal Legislation
AUGUST 1980
BE IT RESOLVED, that the American Bar Association supports increased efforts to prevent, identify, and treat child abuse and neglect and urges the Congress of the United States to support extension of the Child Abuse Prevention and Treatment Act (Public Law 93-247 as Amended); and
BE IT FURTHER RESOLVED, that the American Bar Association supports
federal legislation which will provide funding for child welfare services,
mandate case reviews and concrete plans for children in foster care,
encourage states to provide families with services to prevent unnecessary
out-of-home placements, require legal protections for all children
and parents receiving these services and create adoption assistance
programs to help expedite permanent planning for children with special
needs.
Child Abuse & Neglect Court Resource Guidelines
AUGUST 1995
BE IT RESOLVED, that the American Bar Association encourages support for, and implementation of, "Resource Guidelines: Improving the Child Abuse and Neglect Courrt Process," published by the National Council of Juvenile and Family Court Judges, dated August 1995.
Child Sexual Abuse Federal Evidence Restrictions
FEBRUARY 1995
RESOLVED, That the American Bar Association opposes Rules 413 (admissibility
of similar crimes in criminal sexual assault cases), 414 (admissibility
of similar crimes in criminal child molestation cases), and 415 (admissibility
of similar acts in civil sexual assault or child molestation cases)
of the Federal Rules of Evidence (concerning the admission of evidence
in sexual assault and child molestation cases) as enacted by the Violent
Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322,
108 Stat. 1796 (1994).
Child Witnesses in Abuse Cases
JULY 1985
BE IT RESOLVED, that the American Bar Association approves the "Guidelines for the Fair Treatment of Child Witnesses in Cases Where Child Abuse Is Alleged":
A TEAM APPROACH
1. A multidisciplinary team involving the prosecutor, police and social services resource personnel should be utilized in the investigation and prosecution of cases where a child is alleged to be a victim or witness to abuse in order to reduce the number of times that a child is called upon to recite the events involved in the case as well as to create a feeling of trust and confidence in the child. (More...)
Court-Appointed Special Advocates
AUGUST 1989
BE IT RESOLVED, that the American Bar Association endorses the concept of utilizing carefully selected, well trained lay volunteers, Court Appointed Special Advocates, in addition to providing attorney representation, in dependency proceedings to assist the court in determining what is in the best interests of abused and neglected children.
BE IT FURTHER RESOLVED, that the American Bar Association encourages
its members to support the development of CASA programs in their communities.
Treatment in Cases of Child Abuse & Domestic Violence
AUGUST 1996
RESOLVED, that the American Bar Association encourages courts to ensure that counseling, treatment, advocacy and other assistance are made available to child victims of abuse and domestic violence through all available means including the imposition of fines, restitution, and court orders;
FURTHER RESOLVED, that the American Bar Association encourages courts, in appropriate circumstances, to require the perpetrators of child abuse and domestic violence to undergo counseling and other treatment;
FURTHER RESOLVED, that in those jurisdictions where courts do not presently have adequate authority to implement the foregoing recommendations, the American Bar Association encourages state and territorial legislatures to enact enabling legislation.
