In the Name of Mothers and Children: Deconstructing the Myth of the Passive Battered Mother and the "Protected Child," in Child Neglect Proceedings

22 Pages Posted: 21 Feb 2007

See all articles by G. Kristian Miccio

G. Kristian Miccio

University of Denver Sturm College of Law

Abstract

Prof. Miccio takes on the NYC child welfare establishment in deconstructing the destructive nature of abuse/neglect petitions against battered mothers. Using narrative and the power of story-telling, Miccio delivers a body-blow to the NYC child welfare administration (CWA) and this article was the first to put-forth the idea of an affirmative defense, which Miccio later distances herself from. This article presages the Nicholson case which in 2003 stopped the practice employed by CWA of petitioning against battered mothers and removed children merely because children lived in homes where violence against mothers was in play.

Suggested Citation

Miccio, G. Kristian, In the Name of Mothers and Children: Deconstructing the Myth of the Passive Battered Mother and the "Protected Child," in Child Neglect Proceedings. Albany Law Review, Vol. 58, No. 1087, 1995, Available at SSRN: https://ssrn.com/abstract=964291

G. Kristian Miccio (Contact Author)

University of Denver Sturm College of Law ( email )

2255 E. Evans Avenue
Denver, CO 80208
United States

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