NCJ Number
52020
Journal
WOMEN LAWYERS JOURNAL Volume: 60 Issue: 2 Dated: (SPRING 1974) Pages: 73-78
Date Published
1974
Length
6 pages
Annotation
A SUMMARY DESCRIPTION AND ANALYSIS IS GIVEN OF CHILD ABUSE REPORTING LAWS IN THE UNITED STATES.
Abstract
THE PRIMARY PURPOSE OF CHILD ABUSE REPORTING LAWS IS TO IDENTIFY CHILDREN WHO ARE BEING ABUSED SO THEY MAY RECEIVE APPROPRIATE THERAPY AND PROTECTION AND, SECONDARILY, TO PROVIDE MORE ACCURATE STATISTICS ON THE INCIDENCE OF CHILD ABUSE. ALL STATES, THE DISTRICT OF COLUMBIA, AND THE VIRGIN ISLANDS HAVE REPORTING LAWS, THE MAJORITY OF WHICH ARE MODELED AFTER A PROTOTYPE SUGGESTED BY THE CHILDREN'S BUREAU OF THE U.S. DEPARTMENT OF HEALTH EDUCATION, AND WELFARE. MANDATORY REPORTING EXISTS IN ALL BUT 6 STATES; IN 47 STATES PHYSICIANS AND OTHER SPECIFIED PERSONS ARE REQUIRED TO FILE REPORTS, AND IN 23 OF THESE STATES ONLY PHYSICIANS ARE TO REPORT. THE NUMBER OF STATES THAT REQUIRE MANDATORY REPORTING FROM PARTICULAR IDENTIFIED PROFESSIONAL GROUPS IS INDICATED. THE TYPES OF INJURIES EXPECTED TO BE REPORTED BY PHYSICIANS ARE DESCRIBED, ALTHOUGH THE MAJORITY OF STATUTES DO NOT DEFINE THE TERMS 'ABUSE' OR 'NEGLECT.' MOST STATES DO NOT REQUIRE THE REPORTING OF SUSPECTED ABUSE OF A DEAD CHILD. MALNUTRITION MUST BE REPORTED IN ILLINOIS, NEW MEXICO, AND SOUTH DAKOTA. AGENCIES DESIGNATED TO RECEIVE REPORTS ARE USUALLY EITHER THE POLICE, THE PROSECUTOR, DEPARTMENT OF SOCIAL WELFARE, OR THE JUVENILE COURT. A SOCIAL SERVICE OR WELFARE AGENCY IS CONSIDERED TO BE THE AGENCY MOST LIKELY TO BE EFFECTIVE IN DEALING WITH THE PROBLEM IN OTHER THAN A PUNITIVE WAY. THE ESTABLISHMENT OF A CENTRAL REGISTRY RECORD ALL INSTANCES OF REPORTED CHILD ABUSE IS CONSIDERED AN IMPORTANT ASPECT OF THE REPORTING SYSTEM. IT IS URGED THAT CARE BE TAKEN TO REMOVE FROM THE REGISTRY THE IDENTITY OF PERSONS AND FAMILIES NOT CONFIRMED TO BE INVOLVED IN ABUSE. PROVISIONS FOR IMMUNITY FROM LAW SUITS OF THOSE REPORTING SUSPECTED CHILD ABUSE IN 'GOOD FAITH' ARE PART OF REPORTING STATUTES IN ALL BUT 3 STATES. THE KINDS OF LIABILITY PRESCRIBED FOR FAILURE TO REPORT SUSPECTED ABUSE ARE DESCRIBED. THE MAJOR IMPACT OF REPORTING LEGISLATION IS THE REVELATION OF THE EXTENT OF THE PROBLEM OF CHILD ABUSE. WHILE IT IS ACKNOWLEDGED THAT MANY PEOPLE ADVOCATE MORE RIGID CHILD LAWS WITH MORE SERIOUS PENALTIES, IT IS ADVISED THAT STRICT ADHERENCE TO EXISTING LAWS, COMMITMENT BY APPROPRIATE OFFICIALS TO PRESCRIBED DUTIES, ADEQUATE FUNDING FOR AGENCIES AND SERVICES, PLUS THE STIMULATION OF A 'WATCH DOG' ATTITUDE IN THE PUBLIC AND PRESS COULD DO MUCH TO RESOLVE THE PROBLEM OF ABUSE. (RCB)