BETTER PROTECTION FOR THE DEFENSELESS - TENNESSEE'S REVISED MANDATORY CHILD ABUSE REPORTING STATUTE

• NCJ Number: 52573
• Journal: Memphis State University Law Review Volume: 4 Issue: 3 Dated: (SPRING 1974) Pages: 585-593
• Author(s): ANON
• Date Published: 1974
• Length: 9 pages
• Corporate Author: Memphis State University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE SIGNIFICANT IMPROVEMENTS IN THE LAW OF CHILD ABUSE REPORTING WHICH WERE MADE BY THE REVISIONS TO FORMER TENNESSEE STATUTES ARE DISCUSSED WITH EMPHASIS ON THE RESULTANT CASE FINDING DEVICE.

Abstract

RESEARCH AND EXPERIENCE HAVE DEMONSTRATED THAT EFFECTIVE PROGRAMS FOR THE PROTECTION OF CHILDREN REQUIRE THE COORDINATION OF SEVERAL INSTITUTIONS INCLUDING THOSE WHICH DEAL IN LEGAL, SOCIAL AND MEDICAL SERVICES. ANY SUCCESSFUL PROGRAM ALSO REQUIRES A FUNCTIONAL MEANS OF CASE FINDING. THE CHILD ABUSE REPORTING STATUTES SERVE THIS LATTER PURPOSE. IN TENNESSEE, THE STATE REPORTING STATUTE HAS BEEN SUBJECT TO BOTH STUDY AND REVISION. THE 1973 REVISED REPORTING STATUTE EXPRESSES THE PUBLIC POLICY OF PRESERVING FAMILY LIFE AND PREVENTING FURTHER ABUSES, RATHER THAN BEING PURELY PUNITIVE AGAINST OFFENDERS. THE REVISED STATUTE BROADENS THE LAW'S SCOPE BY ADDING 'MENTAL CONDITION' TO THE LIST OF SUBJECTS WHICH MAY BE ATTRIBUTED TO ABUSE OR NEGLECT. THE AGE RANGE OF CHILDREN WHO MAY BE THE SUBJECT OF A REPORT WAS WIDENED TO CONCERN PERSONS UNDER THE AGE OF 18 YEARS. THE DUTY TO REPORT SUSPECTED ABUSE REMAINS MANDATORY UNDER THE REVISED STATUTE, ALTHOUGH REPORTERS NO LONGER PROVIDE THE NAME OF THE PERSON 'PROBABLY CAUSING' THE ABUSE; THE ELIMINATION OF ACCUSATORY REPORTING IS FELT TO ENCOURAGE PHYSICIANS WHO MIGHT OTHERWISE BE DETERRED FROM ACCUSATIONS THAT WOULD INTERFERE WITH MEDICAL TREATMENT. THE DUTY TO REPORT IS UNIVERSAL. THE REVISED STATUTE PROVIDES THE CASEWORKERS WITH ADDITIONAL ACCESS TO STATE AGENCY RECORDS, AND ESTABLISHES COURT PROCEDURES FOR ORDERING THE EXAMINATION OF CHILDREN. TO AID IN JUVENILE COURT HEARINGS THE TESTIMONIAL PRIVILEGES OF SPOUSES AND PHYSICIANS HAVE BEEN ELIMINATED IN CHILD ABUSE CASES. CENTRAL REGISTRIES HAVE BEEN ESTABLISHED FOR THE RECORDING OF ABUSE REPORTS AND THE DETECTION OF REPETITIVE ABUSES. ADDITIONAL REVISIONS INCLUDE THE WIDENING OF THE SCOPE OF THE REPORT TO INCLUDE THOSE SITUATIONS WHERE THE CIRCUMSTANCES SURROUNDING AN INJURY OR CONDITION APPEAR TO INDICATE ABUSE OR NEGLECT. FOOTNOTES CITE REFERENCES AND JUDICIAL DECISIONS. (TWK)