Legal Issues

Whether child abuse is characterized as a social problem, a medical diagnosis, or a psychological issue, it has significant civil and criminal legal ramifications. Prosecutable as a crime, it can result in the incarceration of the perpetrator. Adjudicated in civil courts, maltreatment of one’s child(ren) can ultimately result in the permanent termination of the perpetrator’s parental rights. When you evaluate and treat an abused child/adolescent, you are likely to become a participant in at least some aspect of the legal response to child abuse allegations. Your role in the care of the abused child/adolescent as it relates to the legal setting is often misunderstood. This section is designed to provide a brief overview of legal issues that commonly relate to medical professionals caring for children who are suspected to have been maltreated and is not intended to constitute or replace legal counsel. Contact your attorney and your risk management professional regarding these and any other legal matters or concerns.

Key Concepts