NCJ Number
52504
Journal
Pepperdine Law Review Volume: 5 Issue: 3 Dated: (1978) Pages: 717-739
Date Published
1978
Length
24 pages
Annotation
COURT SYSTEM DEFICIENCIES HAVE HAMPERED INTEGRATED PROFESSIONAL EFFORTS IN CHILD ABUSE CASES. ADJUSTMENTS RELATED TO THE ADVERSARY SYSTEM AND COURT HIERARCHIES ARE SUGGESTED WHICH STRESS CHILDREN'S NEEDS.
Abstract
DEFINITIONS OF CHILD ABUSE ARE PRESENTED AND CHARACTERISTICS OF CHILD ABUSERS ARE DESCRIBED. HISTORICALLY THE JUVENILE COURT HAS STRUGGLED WITH THE DILEMMA OF WHETHER TO VIEW THE DEPENDENT, ABUSED, AND NEGLECTED CHILD AS A SOCIAL OR LEGAL PROBLEM. THE GAULT DECISION RESULTED IN AN EMPHASIS ON FACTFINDING IN CHILD ABUSE CASES AND THE POLARIZATION OF THE TWO INVOLVED ATTORNEYS. THIS ADVERSARIAL SYSTEM MAKES PROSECUTION OF CHILD ABUSE DIFFICULT, SINCE THERE ARE USUALLY NO EYE WITNESSES, MAKING IT HARD TO PROVE LEGALLY. ADVERSARY PROCEEDINGS CAN HAVE THE EFFECT OF REINFORCING AND PERPETUATING FAMILY FRAGMENTATION AND VIOLENCE. JUVENILE AND FAMILY COURTS, WHICH HAVE JURISDICTION OVER CHILD ABUSE CASES, ARE OF SUCH LOW STATUS THAT THESE ARE DISHEARTENING TO PERSONS SEEKING TO PROTECT CHILDREN FROM ABUSE. THE USERS OF JUVENILE AND FAMILY COURTS ARE OFTEN THE ESSENTIALLY POWERLESS PERSONS FROM THE LOWEST SOCIOECONOMIC SECTORS OF THE POPULATION. THE LOW STATUS OF THE COURTS IS REFLECTED IN THE FREQUENT ROTATION OF JUDGES, INSUFFICIENT SPECIALIZED TRAINING FOR JUDICIAL PERSONNEL, AND THE SMALL AMOUNT OF COURT TIME ALLOTTED TO SUCH CASES (ESTIMATED AT 5 PERCENT OF TOTAL COURT TIME). SPECIFIC ADJUSTMENTS THAT CAN HAVE THE EFFECT OF CHILD ABUSE PREVENTION ARE WIDER UTILIZATION OF A FAMILY COURT STRUCTURE, FORMALIZED AND LEGITIMIZED MULTIDISICIPLINARY PREJUDICIAL CONFERENCES AMONG PROFESSIONALS (DOCTORS, SOCIAL WORKERS, AND LAW ENFORCEMENT AND LEGAL PERSONNEL), AND EXPANDED USE OF COURT-ORDERED TREATMENT PLANS FOR NONCOOPERATIVE PARENTS WITH SANCTIONS PROVIDED FOR NONCOMPLIANCE. JUVENILE COURTS CAN ELEVATE THEIR STATUS BY INCREASED PARTICIPATION IN THE COMMUNITY AND ASSISTING IN EDUCATING THE PUBLIC ON THE UNMET NEEDS OF CHILDREN. LAW SCHOOLS SHOULD ELEVATE THE STUDY OF FAMILY LAW BY INCLUDING CURRICULUMS THAT EMPHASIZE CHILD WELFARE SPECIALITES. (AUTHOR ABSTRACT MODIFIED--DAG)