The Bill of Rights guarantees civil liberties that are envied around the world. Family privacy, freedom from government interference, and the right to raise children according to individual beliefs are among the fundamental rights secured by the Constitution. These rights and freedoms are held as sacrosanct by most citizens, yet they give rise to reservations when there are conflicts between the rights of parents and children. This article examines threats to the civil liberties of parents believed to have abused their children and implications for the current system of investigating and addressing child abuse. Children have fewer constitutional rights than adults and are less able to exercise their rights because of immaturity and lack of knowledge. Legal representation and due process for youths in delinquency cases became a right following the Gault case in 1967, spilling over into abuse and neglect cases and bringing a legal and procedural perspective into child abuse proceedings in juvenile court. Possibly as compensation for the incomplete rights and natural vulnerability of children, the standard of proof in abuse and neglect cases is less rigorous than in either criminal or delinquency cases. One is not required to prove beyond a reasonable doubt that the abuse occurred, thus tilting the balance in favor of protecting the child at a finite risk of violating the rights of the parents. Society, through the courts, is responsible for protecting children and removing them from dangerous homes while ensuring that parents' rights are not unjustly undermined. Even though this task is successfully accomplished in many cases, there are sufficient loopholes to permit injustices to occur. These loopholes arise because of the less-rigorous standard of proof required; the vagueness of the child protection laws, which allows for varied interpretations; and de facto problems in obtaining legal representation for parents. The low level of caseworker preparation, lack of alternative services, and vulnerability of caseworkers who feel they will be blamed if harm comes to a child contribute to the likelihood that some parents' rights will be impugned. Family privacy, freedom from government interference, and due process of law are the parental rights that may suffer when in conflict with a child's right to be protected from harm. When the parents' right to privacy and freedom of choice clashes with a child's right to protection, the state must adjudicate the conflicting rights. The child's right to life and protection is preeminent, and family privacy and freedom from government interference are secondary. Due process then becomes an important safeguard for parents' rights. When conflicts are settled through legal channels, one party wins and the other loses. When a child is removed from a parent's custody, the parent loses his or her rights, and the child, although protected, often loses also if out-of-home placement is prolonged and the family is not reunited. The child loses a portion of the bonding, identification, commitment, and continuity provided by the parents. There is evidence that involuntary termination of parental rights sometimes creates additional problems for the child. Borgman (1981) found that the majority of children in a study of abused and neglected children placed in adoptive homes resisted adoption, and nine of 21 adopted children were returned to the group care facility. Whether removal from parents is temporary or permanent, the child undergoes significant loss in exchange for safety. Removal of a child from the home without certain safeguards has recently been challenged as a threat to the child's civil liberties. In a recent federal court decision (LaShawn A. v. Barry, 1991), the judge found the District of Columbia's foster care system in violation of the Constitution. The court concluded that the system removes children from their homes instead of providing simple, basic services that would allow the children to remain with their families; fails to make plans for children that would allow them either to return to their families or be permanently placed; and maintains a network of illegally overcrowded foster homes. …