NCJ Number
54232
Journal
Juvenile and Family Court Journal Volume: 29 Issue: 4 Dated: (NOVEMBER 1978) Pages: 3-11
Date Published
1978
Length
9 pages
Annotation
A PROPOSAL FOR RESTRUCTURING THE MONTGOMERY COUNTY, OHIO, SYSTEM FOR HANDLING ALLEGATIONS OF INCEST AND SEXUAL ABUSE OF CHILDREN IS PRESENTED.
Abstract
UNDER THE EXISTING SYSTEM, REPORTS OF SEXUAL ABUSE OF CHILDREN ARE RECEIVED BY THE ABUSE UNITS OF BOTH THE CHILDREN'S SERVICE BOARD (CSB) AND THE POLICE. THE TWO AGENCIES SHARE THE REPORTS, WITH THE CSB HANDLING INTRAFAMILY SITUATIONS AND THE POLICE INVESTIGATING EXTRAFAMILY SITUATIONS. CIVIL OR CRIMINAL REMEDIES MAY BE SOUGHT BY THE CSB IN INTRAFAMILY CASES. THE OVERALL SYSTEM IS SAID TO MITIGATE AGAINST CONSISTENCY AND OBJECTIVITY IN CHARGING DECISIONS, TO SUFFER FROM AN ABSENCE OF COORDINATION BETWEEN CIVIL AND CRIMINAL COURTS AND BETWEEN THE CRIMINAL JUSTICE AND CHILD WELFARE SYSTEMS, AND GENERALLY TO WORK AGAINST THE BEST INTERESTS OF CHILDREN AND SOCIETY. IT IS PROPOSED THAT ALL REPORTS OF SEXUAL ABUSE OF CHILDREN GO DIRECTLY TO THE ASSISTANT COUNTY PROSECUTOR ASSIGNED TO THE JUVENILE COURT. IN EXTRAFAMILY CASES, THE PROSECUTOR WOULD DECIDE WHETHER TO BRING FELONY (SEXUAL BATTERY) OR MISDEMEANOR (CHILD ABUSE) CHARGES SOLELY ON THE BASIS OF WHAT CAN BE PROVED IN COURT. IN INTRAFAMILY CASES, THE PROSECUTOR COULD DECIDE TO CHARGE OR TO INITIATE CLINICAL INTERVENTION. IN EXERCISING THIS DISCRETION, THE PROSECUTOR WOULD CONSULT WITH POLICE, THE CSB, AND LIAISON WORKERS FROM COMMUNITY MENTAL HEALTH CENTERS. ONCE A DECISION TO INITIATE CLINICAL INTERVENTION WAS MADE, THE FAMILY INVOLVED WOULD BE CALLED TO AN INITIAL 'DIVERSIONARY CONFERENCE,' DURING WHICH ANY CRITICAL PROBLEMS WOULD BE DEALT WITH AND THE FAMILY WOULD BE INFORMED OF ITS OPTION TO PARTICIPATE IN A COUNSELING PROGRAM. THE FAMILY THEN WOULD BEGIN THERAPY BASED ON A TREATMENT PLAN DEVELOPED JOINTLY BY THE FAMILY AND THE MENTAL HEALTH CENTER THERAPIST. THE CENTER WOULD BE RESPONSIBLE FOR REPORTING PERIODICALLY TO THE PROSECUTOR ON THE FAMILY'S PROGRESS. THE PROPOSED SYSTEM, BY PROVIDING FOR EVALUATION AND TREATMENT OF THE FAMILY IMMEDIATELY AFTER AN ALLEGATION OF SEXUAL ABUSE IS MADE, CAN IMPROVE THE TREATMENT OF ABUSERS, SAFEGUARD PAST AND POTENTIAL VICTIMS, MAINTAIN AND POSSIBLY IMPROVE THE FAMILY UNIT, AND FREE THE COURTS TO DEVOTE THEIR TIME TO CASES IN WHICH COURT INTERVENTION CAN BE EFFECTIVE. A FLOWCHART DEPICTING THE PROPOSED SYSTEM IS INCLUDED. (LKM)