GLANCE AT THE PAST - A GAZE AT THE PRESENT - A GLIMPSE AT THE FUTURE - A CRITICAL ANALYSIS OF THE DEVELOPMENT OF CHILD ABUSE REPORTING STATUTES

• NCJ Number: 66931
• Journal: Chicago-Kent Law Review Volume: 54 Dated: (1978) Pages: 641-686
• Author(s): B G FRASER
• Date Published: 1978
• Length: 46 pages
• Corporate Author: Illinois Institute of Technology
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE DEVELOPMENT OF CHILD ABUSE REPORTING STATUTES IN THE U.S. IS ANALYZED CRITICALLY BY THE EXECUTIVE DIRECTOR OF THE NATIONAL COMMITTEE FOR THE PREVENTION OF CHILD ABUSE; FUTURE CHANGES ARE RECOMMENDED.

Abstract

REPORTING STATUTES EVOLVED IN THE 1960'S AS A REACTION TO THE PROBLEM OF CHILD ABUSE. DURING THE EARLY 1970'S, THE REPORTING STATUTES WERE BROADENED TO INCLUDE INVESTIGATION, AND IN SOME CASES, INTERVENTION. MANDATORY REPORTING STATUTES HAVE BEEN INFLUENCED BY THREE FACTORS: THE PROBLEM ITSELF, THE SERVICE DELIVERY SYSTEM, AND THE FEDERAL GOVERNMENT. ALL STATES' DEFINITIONS CONTAIN TWO OR MORE OF THE FOLLOWING ELEMENTS: NONACCIDENTAL PHYSICAL INJURY, SEXUAL MOLESTATION, EMOTIONAL ABUSE OR MENTAL INJURY, AND NEGLECT. ALL THE STATUTES CONTAIN STATEMENTS OF PURPOSE, DEFINITION OF CHILD ABUSE, WHO MUST REPORT, HOW AND TO WHOM REPORTS MUST BE MADE, IMMUNITY, ABROGATION OF PRIVILEGED COMMUNICATIONS, AND PENALTY PROVISIONS FOR A FAILURE TO REPORT. MORE RECENTLY, STATES HAVE SHOWN CONCERN FOR SUCH ISSUES AS MANDATED INVESTIGATION, PSYCHOLOGICAL AND PSYCHIATRIC EXAMINATION OF PARENTS, MEDICAL EXAMINATION OF THE CHILD, CENTRALIZED REGISTRY, TEMPORARY PROTECTIVE CUSTODY, CHILD PROTECTION TEAMS, PRIMA FACIE CASES, AND PROTECTION OF THE CHILD'S INTERESTS. CURRENTLY, (1978), THE GREATEST PROBLEM REMAINS THE LACK OF ADEQUATE TREATMENT FACILITIES FOR THE CHILD AND FAMILY, AND NEW RESOURCES FOR SUCH PROGRAMS ARE UNLIKELY. GREATER EFFICIENCY, COORDINATION, AND COOPERATION ARE THEREFORE NEEDED. FIVE STATES, NEW YORK, NORTH CAROLINA, OHIO, PENNSYLVANIA, AND WYOMING HAVE DEVELOPED A SYSTEM FOR PRODUCING SUCH COORDINATION. IN THE FUTURE, THE U.S. SHOULD SHIFT FROM ITS CURRENT COSTLY FOCUS ON REACTING TO THE PROBLEM TO A NEW EMPHASIS ON PRIMARY PREVENTION. THE REPORTING LEGISLATION ESSENTIALLY REACTIVE IN NATURE, HAS SERVED ITS PURPOSE AND SHOULD BE PUT ASIDE FOR THE CREATION OF A MORE REASONABLE AND EFFICIENT SYSTEM BE FOR THE 1980'S. FOOTNOTES ARE INCLUDED. (CFW)