Due process refers to the fundamental fairness of the law and the procedures by which it is administered. There are two types of due process. Substantive due process requires that a law be reasonable, not arbitrary or capricious. Procedural due process, more often an issue in child abuse cases, deals with the right of each person to a fair trial. Fairness is often defined in terms of three basic rights: privacy, proper notice of the hearing and an impartial hearing.

Investigations of suspected abuse or neglect often give rise to concerns that the alleged abuser's right to privacy has been violated. The line between a reasonable investigation and invasion of personal privacy is often unclear. Some actions that would normally be construed as privacy violations re permissible if they are clearly in the interest of the child's welfare. For example, it may be necessary for a protective service worker to enter a private home without permission in order to prevent further harm to a child. In general, invasions of privacy are permissible only if an overriding public interest is at stake.

Parties to a child abuse hearing are entitled to timely notice of the hearing. The notice should inform them of the charges, names of the parties involved, where and when the hearing is to be held.

Several rights are subsumed under the general right to a fair hearing. These include the right to be represented by counsel, to confront and cross-examine witnesses, the right to a jury trial and family integrity. Actual application of these rights may vary depending upon the type of proceeding (i.e., civil or criminal), the court in which the case is tried (criminal, juvenile, etc.) and the specific charges made. Criminal proceedings usually adhere closely to due process procedures; juvenile courts are often less strict in adherence.

In keeping with the right to counsel, most states specifically provide for the appointment of a guardian ad litem to represent the interests of the child. The guardian ad litem must act independently of attorneys for both the prosecution and defense.

The right to confront one's accusers and to cross-examine witnesses is often problematic in child abuse trials, particularly when the victim is very young. Normal court procedures may be intimidating to the child; testimony and cross-examination can subject the child to additional trauma. Many courts now allow videotaped or closed-circuit television testimony. Others allow testimony in camera. Whatever methods are used, provisions for cross-examination must be made.

Some states do not permit trial by jury in juvenile court proceedings. In others a judge may, at the request of one or both parties, make a jury trial available.

United States law requires that reasonable attempts be made by the state to maintain family integrity by offering rehabilitative services. Before parents' rights can be terminated, the state must prove that attempts have been made to keep a child at home or that the child is in immediate danger.

Free term papers are not written to satisfy your specific instructions. You can use our professional writing services to buy a custom written research paper, term paper, or essay on Child Abuse at affordable price. CustomTermPapers is the best solution for those who seek help in writing term papers, essays, and research papers related to Child Abuse and other relevant topics.