Child protection issues and the law

This paper outlines the differences between the civil and criminal law, both of which may become involved following suspected or actual child maltreatment. Child and Adolescent Psychiatrists are more likely to be involved in the former, carrying out an assessment, providing a report and possibly giving oral evidence to the court. Questions to be addressed include the child's functioning, an explanation about the likely cause of any difficulties, the child's needs and how they are likely to be fulfilled, by the parents or in alternative care. The child's therapeutic needs also require recommendations. Further assessments of the parents may also be required by other specialists such as adult psychiatrists or psychologists. In criminal proceedings, Child and Adolescent Psychiatrists may be involved either in advising about the pre-trial therapeutic needs of child witnesses of abuse, or on the effects of previous maltreatment on child or adolescent defendents.