What Are California Child Protection Laws?
State courts have the right to intercede on the behalf of children whom they suspect are being abused, but theres a fine line between giving the government too much control over family situations and not enough control. Californias approach to child protection and the division between its criminal code and civil statues seek to balance both perspectives.
Juvenile Dependency Court
The Juvenile Dependency Court oversees all issues of child protection in California. If the court removes a child from the home because a parent has neglected or abused him or her, it does it with an eye toward reunifying the family if certain conditions are met. Whether or not a child is taken depends upon a social worker or law enforcement personnel believing that he or she is in immediate danger. California law allows a police officer to detain a child for up to 72 hours if the officer thinks this is the case.
Juvenile Court Procedures
First, an investigation into the allegation of abuse is conducted by the Intake Unit of Californias Department of Social Services. Based upon the Units recommendation, several things can happen next. If the Intake Unit decides not to involve the court, a Family Maintenance Agreement might be proposed with steps intended to reduce the problems in the home. If a parent fails to abide by the Agreement or refuses this option, the court becomes involved.
Juvenile Court Hearings
One court day after the Intake Unit refers a matter to the court system, a Detention Hearing (if the child has been removed from the home) or an Initial Hearing (if he has not) will be held. Formal charges will be made against the parent and, in the case of a Detention Hearing, it will be decided where the child will reside. The Detention Hearing will be followed by a Jurisdictional Hearing when the parent will actually be tried and found guilty or not guilty of the allegations. The level of proof is much more lenient in Juvenile Dependency Court than it is in criminal court. The prosecution doesnt have to prove abuse beyond a reasonable doubt. It only needs to show credible evidence. But, a guilty verdict in Juvenile Court does not automatically mean a jail term.
Criminal Code
Child abuse also falls under California Penal Code 273d. According to the Shouse Law Group with offices in Los Angeles County, this code is a "wobbler," meaning that charges could be either a misdemeanor or a felony depending upon the discretion of the prosecutor. This code defines child abuse as "the willful infliction of cruel or inhuman corporal punishment or any injury that results in a 'traumatic condition'." Spanking is excluded if injury doesn't result because California parents have the right to discipline their child in any "reasonable" manner.
Federal Law
The Indian Child Welfare Act (ICWA) supersedes state law and it is more lenient than California's civil and criminal codes. Under the ICWA, if a child has any Native American blood at all, he and his parents are entitled to special dispensation according to tribal laws. There are six Indian reservations in California, so the ICWA sometimes comes into play.
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