Contested cases of physical abuse: Evidentiary characteristics of modified and overturned outcomes

In 1996 the Child Abuse Prevention and Treatment Act (CAPTA) was amended to mandate that states establish an official process to allow persons identified by child protective services agencies as perpetrators of child maltreatment to contest the findings. Little is known about the outcomes of these contested cases. In this study content analysis was used to examine evidentiary characteristics (failure to meet basic evidentiary standards, insufficient credible evidence, lack of credibility/credible refutation, and lack of harm/substantial risk of harm) and four injury characteristics (nature, location, severity/size, and source) of adverse outcomes in 104 contested cases of physical abuse presided over by Administrative Law Judges. Descriptive analysis suggested that injuries inflicted on children were predominantly minor bruises, scratches, or marks; the injuries resulted mainly from physical force; and the most frequently inflicted areas were lower parts of the body. Using logistic regression analysis to predict modified versus overturned outcomes, results showed that substantiated cases of physical abuse lacking proof of harm/substantial risk of harm were more likely to be modified than overturned. Practice implications related to determination of harm from evidentiary perspectives are discussed.