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Children's Rights Under and the Law$
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Samuel Davis

Print publication date: 2011

Print ISBN-13: 9780199795482

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199795482.001.0001

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Protection from Inadequate Parenting

Protection from Inadequate Parenting

(p.163) 8 Protection from Inadequate Parenting
Children's Rights Under and the Law

Samuel M. Davis

Oxford University Press

This chapter reviews three separate developments related to child maltreatment: the changing concept of child maltreatment as evidenced by current statutes that give it an ever-expanding definition; the most current efforts to measure the incidence of maltreatment and some of the difficulties limiting accurate measurement; and some of the most controversial and problematical evidentiary issues confronting the courts today in reviewing child abuse determinations by lower courts. It argues that the serious neglect of a child and certainly abuse of a child represent the most serious failure of the parent/child relationship. When a failure of such magnitude occurs, the state must intervene on the child's behalf pursuant to the state's interest in the welfare of children. However, one of the chief difficulties in this troublesome area is in defining the point at which the failure is of sufficient gravity to warrant state interference with the parent/child relationship.

Keywords:   child maltreatment, child abuse, child welfare, state intervention, parents, children

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