Archive for the ‘Child Abuse’ Category
State v. Vakilzaden – Child Abduction – Custodial Interference
A joint custodian of a child can be liable for child abduction. A joint custodian should not be immune from criminal prosecution based solely on his or her status as joint custodian if the state can prove all elements of the custodial interference statute including both knowledge and intent beyond a reasonable doubt. [...]
Blondin v. Dubois – Child Custody – International Law
A court must consider protective measures in the foreign country if it is determined that there is a grave risk to a child to be returned to that country under the Hague Convention. The Convention requires that any debate on the custody rights issue should take place before the competent authorities in the country of the child’s habitual residence prior to removal. [...]
In re Stefanel C. – Child Neglect – Prenatal Drug Use
Ordinarily a child will not be found to have been neglected where there has been prenatal drug use unless such use resulted in the parent’s failure to exercise the minimum degree of care which caused the child’s condition to be impaired or to be in imminent danger of becoming impaired. [...]
State v. J.Q. – Child Testimony in Child Abuse Cases
The court held that the evidence of CSAAS was not offered to explain the conflicting behavioral traits in this case either of accommodation or delayed disclosure. The court found that the symptoms appeared to be generic post traumatic symptoms rather than the symptoms Dr. Summit had described. [...]
In re Ethan H. – Corporal Punishment
To find that a child was physically injured or abused there must be a finding that this was done under circumstances indicating harm or threatened harm to the child’s life, health or welfare. [...]
Estelle v. McGuire – Child Abuse
A federal court is limited to deciding whether a conviction violated the Constitution, laws or treaties of the United States. Federal habeas corpus review is not available for a state error of law, i.e. the admission of prior evidence to establish battered child syndrome, when there was no evidence linking McGuire to the prior injuries. [...]