NCJ Number
51373
Date Published
1974
Length
48 pages
Annotation
THIS LEGISLATIVE DOCUMENT DISCUSSES THE LEGAL ASPECTS OF THE PROBLEM OF CHILD ABUSE GENERALLY AND THE NEW YORK CHILD PROTECTIVE SERVICES ACT OF 1973 SPECIFICALLY.
Abstract
THERE ARE MANY PROBLEMS ASSOCIATED WITH ATTEMPTING TO TREAT THE PROBLEM OF CHILD ABUSE AND MALTREATMENT THROUGH THE CRIMINAL JUSTICE SYSTEM. BECAUSE SO LITTLE IS KNOWN ABOUT HOW TO PREVENT CHILD ABUSE, THE APPROACH OF THE LAW IS ON AN AFTER-THE-FACT BASIS RATHER THAN ON A PRIMARY, PREVENTIVE LEVEL. ALTHOUGH CHILD ABUSE IS A CRIME, POLICE INVOLVEMENT IS RARE BECAUSE CHILD ABUSE IS PRIMARILY THE RESULT OF SOCIAL AND PSYCHOLOGICAL SICKNESS. ABUSIVE CONDUCT IS OFTEN CONDITIONED BEHAVIOR, AND THERE IS RARELY PREMEDITATION OR ACTUAL INTENT TO SERIOUSLY INJURE THE CHILD. BECAUSE OF THE NATURE OF THE CRIME, IT MUST BE PROVEN GENERALLY ON THE BASIS OF CIRCUMSTANTIAL EVIDENCE, MAKING SUCCESSFUL PROSECUTION DIFFICULT. THE SLOW, CUMBERSOME AND HARSHLY PUNTITIVE PROCEDURES OF THE CRIMINAL COURTS ARE OFTEN COUNTERPRODUCTIVE. RESEARCH INDICATES THAT THE PROBLEM CAN BE TREATED MORE EFFECTIVELY THROUGH PSYCHIATRIC CARE, SOCIAL CASEWORK AND OTHER NONPOLICE SERVICES. THE LAWS DEFINE CHILD ABUSE AND MALTREATMENT, PROVIDE FOR MANDATORY AND DISCRETIONARY REPORTING OF INCIDENTS OF SUSPECTED CHILD ABUSE, ESTABLISH PENALTIES FOR FAILURE TO REPORT, IMMUNIZE PERSONS AND INSTITUTIONS FROM ANY CIVIL OR CRIMINAL LIABILITY WHICH MIGHT ARISE FROM THEIR GOOD FAITH REPORTING, AND PROVIDE FOR STATEWIDE AND LOCAL CHILD PROTECTIVE SERVICES. THE RIGHTS OF PARENTS AS WELL AS CHILDREN ARE CONSIDERED, AND IN ANY JUDICIAL PROCEEDING IN THE FAMILY COURT OR THE CRIMINAL COURT, PARENTS ALLEGED TO HAVE ABUSED OR NEGLECTED A CHILD ARE ENTITLED TO COUNSEL. ADDRESSES FOR NEW YORK STATE AND COUNTY INFORMATION AND CHILD PROTECTION SERVICES ARE INCLUDED. (MPK)