How have courts interpreted the privilege against self-incrimination in a child welfare case?

California, United States of America


The following excerpt is from Joanna Y., In re, 10 Cal.Rptr.2d 422, 8 Cal.App.4th 433 (Cal. App. 1992):

First, it is well settled that the dependency law statutes do not force a parent in defendant's position from electing between trying to regain custody of his children and defending himself against criminal charges. ( 355.1.) In construing the predecessor to section 355.1 ( 701.1), the court held that the privilege against self-incrimination is inapplicable in child welfare proceedings because all relevant evidence should be disclosed to protect the paramount interest of the safety and welfare of the child. (Collins v. Superior Court (1977) 74 Cal.App.3d 47, 53-54, 141 Cal.Rptr. 273.)

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