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Daniel Pollack on the Role of Law Enforcement in Child Welfare Checks

Daniel PollackDaniel Pollack, professor at Wurzweiler School of Social Work, has co-authored “The role of law enforcement in child welfare checks” with Carly Sanchez in the January issue of Los Angeles Lawyer Magazine. Sanchez is a personal injury attorney in the Law Offices of Booth & Koskoff in Torrance, California, where she focuses on representing child abuse victims in civil lawsuits. After analyzing the tensions between the requirements of law enforcement and child safety, they conclude that “balancing the privacy interests provided in the Fourth Amendment and children’s protection from abuse and neglect is challenging and fraught with uncertainty. While courts cannot condone law enforcement officials routinely conducting warrantless searches in the name of preventing child abuse, the need to ensure that children are safe in their homes is a paramount concern. Courts have tried to marry these two conflicting needs with the community care-taking exception to the Fourth Amendment, and both social services and law enforcement need nuanced instruction on exactly when child welfare checks are warranted to save children from extreme harm.”