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Definition
"Child abuse" means:
(A) Physical injury or death inflicted upon a child by a parent or caretaker thereof by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child;
(B) Neglect or exploitation of a child by a parent or caretaker thereof;
(C) Sexual abuse of a child; or
(D) Sexual exploitation of a child. C&D Don’t need to be child’s parent
"Sexual abuse" means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act.
It is a clear exception to confidentiality and privilege. |
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Definition
•Two kids were taken away from abusive parents
•One was sent to Dr. Gordon, Gordon claimed that child had been molested by father
•Trial judge found that there had not been sufficient evidence and returned children to parents
•Michaels now sue Dr. Gordon
•Court says they lose
•Any reporting made in good faith, makes the reporter immune
What is good faith? Legally acting in good faith is not acting in bad faith (malicious, malign, malevolent intent) |
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Moss raped his girls...
•Moss also contends the trial court erred by refusing to require production of the notes and records of the social workers who counseled the victims and testified at trial. He argues that these materials constitute the factual basis for these experts' opinions and are, therefore, discoverable pursuant to the procedures of O.C.G.A. § 49-5-41.
•This code section does not give him access because in fact under that statute those notes and records are confidential
•If somebody reports that you’ve been molesting your kid and state investigates that, interview your children, ask children question about what happened, all of that is confidential because to reveal that kind of information would be detrimental the family relationships… |
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Definition
•Interview with kids held by social worker doing this pediatric forensic interview, showing kids dolls, asking about events had taken place, using the dolls to illustrate the questions that are being asked.
•In his defense, Beck called Psychologist Dr. Herendeen to testify about appropriate interviewing techniques with children.
•Children are suggestible, using dolls is not acceptable and actually discouraged
•There is an issue, indirectly, of one expert witness that the testimony of the other expert witness is wrong because it is using an improper technique.
•He’s not really saying the jury shouldn’t believe the other witness because the other witness is not credible, he’s saying other witness is not using good procedure/science.
•Right on the line of what is admissible for an expert to say.
•The trial court limits what Herendeen can say, but enough gets out |
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| Child must be available for cross-examination, must be sufficient indicia of reliability. There statement has to be inherently reliable, entire list of cirterion for reliability in notes. |
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Attaway molested a minor and was found guilty.
Attaway then argued that the trial court erred in qualifying a state witness, Dr. Juli Battle, as an expert in psychology and forensic interviewing.
Court said claim was without merit; "Generally nothing more is required to qualify as an expert than that [she] has been educated in a particular trade or profession. This special knowledge may be derived from experience as well as study." |
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Term
| In the interest of C.J., a child. |
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Definition
Basically this woman was a shitty mother to her child, and the child wants to live with foster parents so court decides to terminate the mother's parental rights.
Now the woman wants to make a fuss and argues that there was not sufficient clear and convincing evidence to support the termination.
Termination of parental rights is two step process:
1- Finding of parental misconduct or inability which requires clear and convincing evidence that:
•The child is deprived
•Lack of proper parental care or control is the cause of the deprivation
•Such cause of deprivation is likely to continue
•The continued deprivation will cause or is likely to cause serious phsyical, mental, emotional, or moral harm to the child.
If those factors are met, then the court must determine whether termination or parental rights is in the child's best interest, considering physical, mental, emotional, and moral condition and needs, including the need for a secure and stable home. |
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