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BURDEN OF PROOF BEGONE
Author(s) -
Chill Paul
Publication year - 2003
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.2003.tb00907.x
Subject(s) - countdown , phenomenon , juvenile court , child protection , psychology , law , foster care , political science , social work , criminology , juvenile delinquency , engineering , physics , quantum mechanics , aerospace engineering
This article examines the tendency of emergency child removal decisions—by social workers, police officers, and judges—to become self‐reinforcing and self‐perpetuating in subsequent child protective proceedings. This “snow‐ball effect,” as one court has referred to it, is widely acknowledged by lawyers who practice in juvenile court yet is largely unknown beyond those circles. The article explores the causes and consequences of this phenomenon in the age of ASFA (the 1997 federal Adoption and Safe Families Act), which converts every day that a child spends in foster care into one more tick of the clock in a countdown toward termination of parental rights. This article provides some background on the law and practice of emergency child removal in the United States today, analyzes the factors that make initial removals outcome determinative in many child protection cases, considers the implications of this phenomenon in light of ASFA, and identifies possible solutions.