Other Family Law Issues

Question 1

Professional’s Duty to Report Child Abuse

Answer 1

A professional (attorney, doctor, psychologist, clergy member, social worker) with cause to believe that a child has been abused or neglected, or may be abused or neglected, must report the information within 48 hours of discovering it. This duty may not be delegated.

The identity of the professional making the report is confidential. However, in criminal investigations a court may order a professional to disclose the report to law enforcement. A person who in good faith reports child abuse or neglect or testifies in court will not incur criminal and civil liability.

Question 2

Parental Liability for a Child’s Torts

Answer 2

A. Negligence

A parent or other person with a duty of control of child is liable for any property damage proximately caused by the child’s negligent conduct if the conduct is reasonably attributable to the parent’s negligent failure to exercise his duty of control.

B. Intentional Torts

A parent is liable for a child’s willful and malicious conduct (if child is at least 10 and younger than 18), regardless of the parent’s failure to control the child. Liability for willful and malicious acts is limited to actual damages, which may not exceed $25,000 per act, plus court costs and attorney’s fees.

Question 3

Parental Notification of Abortion

Answer 3

A physician may not perform an abortion on an unemanciapted minor unless:

1) The physician gives 48 hours’ notice to the minor’s parent, guardian, or managing conservator
2) A court authorizes the minor to consent to the abortion without notifying her parents; or
3) The physician concludes, based on a good faith clinical judgment, that an immediate abortion is necessary to prevent the minor’s death or to “avoid a serious risk of substantial and irreversible impairment of a major bodily function.”