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9780029232453

Child Mental Health and the Law

by ;
  • ISBN13:

    9780029232453

  • ISBN10:

    0029232457

  • Format: Hardcover
  • Copyright: 1994-04-01
  • Publisher: Free Pr
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Summary

The legal aspects of child mental health have changed in recent years, yet many who deal professionally with disturbed children are ill informed about the rights and responsibilities of minors. Child Mental Health and the Law addresses the need for a comprehensive, up-to-date text that describes the evolution of child mental health law and the relevance of the law to the child mental health clinician. Separate chapters deal with the legal issues presented by custody disputes, accusations of abuse and neglect, special education, civil liability suits, juvenile delinquency, and the voluntary and involuntary treatment of minors. Also included are sections on malpractice and the rights of institutionalized children. An appendix contains sample forensic reports and a compilation of landmark cases. The authors, one a psychiatrist and developmental researcher, one a legal scholar, pay special attention to the role of the clinician as expert witness in court cases, and to the relationships (too often poor) between mental health professionals, attorneys, and judges. As the authors show, there has been little effective communication between those who study child development and those who make laws to regulate children's welfare. A thicket of technical and ethical problems confronts those child psychiatrists, psychologists, and social workers who, as experts, attempt to make their knowledge available to lawyers and judges. The legal profession, for its part, is too often frustrated in its attempt to interpret research findings and make use of expert testimony. For these professionals, the book provides a clear, jargon-free description of the scientific status of psychology and psychiatry in orderto help them in their interpretation of the research findings and expert testimony. The authors conclude by drawing out the implications of current research for legal change and recommending some new directions the law might take. Whether studying child psychiatry, clinical psychology, social work, or the law or working as professionals in any of these fields, the readers of Child Mental Health and the Law will discover an invaluable wealth of information.

Table of Contents

Acknowledgments ix
The Mental Health Professions and the Law
1(11)
Introduction
1(1)
Lawyers, Scientists, and Clinicians
1(2)
Philosophical Differences
3(2)
The Challenge of Psychodynamic Psychiatry
5(1)
The Forensic Setting
5(4)
Bridging the Gap
9(1)
The Organization of This Book
10(2)
The Legal System
12(27)
The Nature and Purposes of Law
12(4)
The Sources of the Law
16(8)
The Legislative Process
24(2)
The Court System
26(3)
Judicial Procedings
29(1)
The Adjudicative Process
30(7)
Legal Advocacy
37(2)
The Rights of Children
39(33)
Introduction
39(1)
Legal Definitions of Infancy and Childhood
39(3)
The Historical Evolution of Children's Rights
42(2)
Recognition of Children's Rights
44(5)
Specific Legal Rights of Children
49(23)
The Educational Rights of Handicapped Children
72(15)
Background
72(3)
The Education for All Handicapped Children Act of 1975
75(9)
The Role of the Mental Health Consultant
84(3)
Child Custody Disputes
87(45)
Introduction
87(1)
Marriage and Parental Obligations
87(1)
The Termination of Marriage
88(1)
The Determination of Custody
89(20)
The Effect of Divorce on Children
109(5)
Legal Proceedings
114(2)
Clinical Evaluation in Child Custody Disputes
116(16)
Forensic Evaluation in Cases of Child Maltreatment
132(54)
Introduction
132(1)
Child Abuse in the Legal System
132(6)
Child Protection Services
138(1)
Court Proceedings
138(1)
Evidentiary Issues
139(4)
Disposition
143(1)
Foster Care
144(2)
Permanent Planning
146(2)
Adoption
148(2)
Physical Abuse
150(2)
Nonorganic Failure to Thrive
152(1)
Neglect
153(1)
Sexual Abuse
154(13)
Forensic Evaluation in Cases of Alleged Sexual Abuse
167(13)
Preparing the Child to Give Testimony
180(4)
Preparing the Report
184(2)
Psychological Trauma and Civil Liability
186(34)
Legal Principles
186(20)
Proof of Case
206(1)
The Forensic Evaluation of Civil Liability Cases
207(13)
Malpractice
220(53)
A Profile of Medical Malpractice
220(4)
The Doctor-Patient Relationship
224(19)
Liability to Third Parties
243(1)
Liability Contexts
243(13)
Liability for Communication of Information
256(3)
Liability Under New Health Structures
259(4)
Reform of the Law
263(1)
Conclusions
264(2)
Appendix to Chapter 8
266(7)
Juvenile Delinquency
273(45)
Legal Principles
273(10)
Definition, Epidemiology, and Prediction
283(5)
The Prediction of Delinquency
288(1)
The Clinical Classification of Delinquency
289(2)
Etiology and Psychopathology
291(12)
Treatment
303(3)
The Forensic Evaluation of Juvenile Offenders
306(12)
The Rights of Institutionalized Children
318(24)
Introduction
318(2)
Legal Principles Pertaining to Psychiatric Hospitalization
320(2)
Civil Commitment
322(6)
The Rights of Institutionalized Patients
328(7)
The Rights of Minors in Psychiatric Hospitals
335(4)
The Rights of Juveniles in Correctional Institutions
339(1)
Summary
340(2)
The Child Mental Health Professional as Expert Witness
342(47)
Introduction
342(3)
The First Contact with the Referring Agent
345(4)
Liability Issues
349(1)
The Evaluation
349(2)
The Report
351(3)
Records
354(1)
The Subpoena
354(1)
The Pretrial Conference
355(1)
Preparing to Give Testimony at a Deposition or Trial
356(1)
The Deposition
357(3)
Testifying in Court
360(27)
Summary
387(2)
Appendix 1. Sample Reports 389(69)
Appendix 2. Landmark Cases 458(35)
Notes 493(54)
Bibliography 547(46)
Table of Cases 593(22)
Index 615

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