Legal Issues : The Judicial System
Child abuse cases may be addressed in civil court, criminal court, and/or family court. The criminal code in each U.S. state defines criminal offenses, including specific offenses against children, and lists the penalties for those crimes. In state criminal courts, juries determine whether there is evidence “beyond a reasonable doubt” that the person being tried is responsible for the crime. Violators are typically held accountable through fines, probation and/or incarceration. Some crimes against children, including sex trafficking and child pornography, are often under the jurisdiction of the federal court system. Family courts have jurisdiction over domestic issues, including abuse and neglect petitions against parents, child custody, child support, paternity, adoption, termination of parental rights, and visitation. States may include divorce, family orders of protection, and domestic violence under family court jurisdiction. Each state determines abuse and neglect jurisdiction differently. Please consult your local court system website for more information.
In New York State, child abuse laws fall under the Family Court Act and Article 10 of Social Service Laws. Child maltreatment concerns are civil matters brought by an authorized agency against caregivers (usually parents), heard exclusively in Family Court. In New York State and many other states, the agency authorizing and filing against the caregivers is Child Protective Services. In New York City, the agency is the Administration for Children's Services (ACS).
Criminal Court
Criminal courts address the interest of the state. Consequently, the prosecutor, on behalf of the state, pursues charges against the suspect or defendant. The state is represented by the prosecuting attorney (district attorney) and the defendant by counsel they have hired, or if the defendant is determined to be indigent, by counsel appointed by the court. The victim is not represented by counsel in criminal court. The victim is a witness who, like other witnesses, can provide relevant, material testimony.
Prosecution of most crimes, including child abuse crimes, can be barred entirely if charges are not filed in a timely manner or before expiration of the statute of limitations
The right to confront one's accusers includes the right to question or cross-examine the person who makes a statement considered to be evidence against the accused. Consequently, under most circumstances, a witness cannot testify to what someone else said, such out-of-court statements are prohibited as hearsay. Exceptions are allowed under limited circumstances. For more information, see: LEGAL ISSUES: Testifying as a Fact Witness, Hearsay Evidence. [NEED LINK] The Constitution grants defendants other rights as well: the right to a speedy trial, to a trial by a jury of their peers, and to punishment that is neither cruel nor unusual.
The burden of proof for criminal proceedings is beyond reasonable doubt. Constitutional safeguards require the prosecution to have the burden of proving, beyond a reasonable doubt, that the defendant committed the crime in question. The defendant is presumed innocent until proven guilty. The defendant has the right to confront the witnesses against him or her, requiring a child witness, except under very limited circumstances, to testify in open or public court. In New York State, a witness less than nine years old may not testify under oath unless the court is satisfied that he or she understands the nature of an oath. This is codified in the Guide to New York Evidence rule CPL 60.20(2); CPLR 4502(a) https://www.nycourts.gov/JUDGES/evidence/6-WITNESSES/ARTICLE%206%20%20Rules.pdf.
Family Court
As a medical provider who treats child abuse, you may also become involved in the proceedings of family courts. In New York, family court is charged with adjudicating violations of Social Services Law that prohibit child abuse through child abuse and neglect proceedings brought by counsel for social services departments. Family Court is established in each county and in the City of New York. As the name implies, these cases involve family members, or in some instances, other legal guardians, custodians, or caregivers who are legally responsible for the care of the child.
The primary goal of family court proceedings is to protect the best interest of the child. Inherent in both statute and case precedent is the belief that the best interest of the child is most often served when that child remains with their family.
Family court has concurrent jurisdiction with criminal courts in child abuse cases. Determination of which proceeding will occur first is largely a matter of local practice. Due to differences in burdens of proof and evidentiary rules, an accused abuser (or respondent) may be successfully adjudicated in family court but acquitted in criminal court. The reverse may also occur but is less likely. The burden of proof in family court is significantly lower than beyond a reasonable doubt. A preponderance of the evidence is necessary for adjudication of charges of abuse and neglect in family courts. A higher standard, clear and convincing evidence, is needed to terminate parental rights.
Evidentiary rules may also differ in family courts. Hearsay evidence, for example, may be accepted under more circumstances in family court than in criminal court. As a result, a child witness is less likely to be required to testify. If a child made a statement to another individual, that person may be able to testify to the child's statements.
Civil Court
Civil courts in NYS are concerned with rights and responsibilities of individuals. Child abuse cases could be brought to civil court when a victim seeks compensation for injuries or trauma resulting from abuse.
