Child Abuse/Neglect

Question 1

State v. Andring (1984)

Answer 1

Physician-patient privilege DOES extend to group therapy, and mandatory reporting statutes CAN revoke therapist-patient privilege to admit maltreatment reports into evidence

Question 2

Landeros v. Flood (1976)*

Answer 2

A physician who fails to dx battered child syndrome can be found liable for subsequent injuries to the child.

Question 3

Dupuy v. Samuels (2005)

Answer 3

“Credible evidence” of abuse should be the governing standard of proof for placing someone on the state central register of child abusers. A person accused of child abuse must be given an opportunity to respond to the allegations before they are penalized.

Question 4

Kentucky v. Stincer (1987)

Answer 4

The exclusion of a defendant from comp hearings for witnesses in his case (accusers) does not violate the Confrontation Clause of the 6th amendment.

Question 5

People v. Stritzinger (1983)

Answer 5

n People v. Stritzinger (1983), the California Supreme Court established that witness unavailability due to emotional trauma must be verified by expert testimony. Although child sexual abuse victims statements are usually seen as inherently reliable because of inability to fabricate something beyond the realm of experience, the paper recommends considering the child’s age and maturity, the nature of the statement and circumstances under which it was made, and any reasons for false statements in testing reliability.