The Courts Role

With respect to the Family and Juvenile courts, often there is a dilemma on what they can and cannot do in preventing further abuse from occurring. According to text books, juvenile courts are limited in their capacity by statutes. That is they have specific, but limited powers.

Family courts have a broader jurisdiction with respect to law. In addition to child abuse, family courts also handles divorce, child custody, intra-family assaults, and juvenile traffic offenses. While they have more jurisdiction, they still operate under statutes which they are authorized.

Why use the courts for Child Abuse prevention and deterrence?
There are several ways the courts can assist in preventing and deterring child abuse. First and foremost is the way in which the courts prioritize their duties.

1. protect the child from further injury.
2. provide fair and impartial hearing on the allegations in the petition.
3. consider recommendations from CPS.
4. Implement a treatment/reunification plan for the child and/or parents when appropriate.
5. Protect the constitutional rights of both the child and the parents.

***The objective of the court is not to punish but, rather, to work with CPS to effect a treatment plan designed to protect the child.***

***Courts attempt to improve the family situation so that the family UNIT is preserved, unless the child has suffered serious harm and would continue to be endangered if remaining with family.***

The court has two ways to be involved.