NCJ Number
52127
Journal
Journal of the South Carolina Medical Association Volume: 72 Issue: 4 Dated: (APRIL 1976) Pages: 119-123
Date Published
1976
Length
5 pages
Annotation
ISSUES IN THE DEBATE BETWEEN CHILD ADVOCACY AND PARENT ADVOCACY GROUPS ON EXPANDING CHILD ABUSE LEGISLATION ARE IDENTIFIED AND DISCUSSED.
Abstract
THE CURRENT CHILD ABUSE LAW OF SOUTH CAROLINA MANDATES REPORTING FOR ONLY PHYSICAL ABUSE AND PHYSICAL NEGLECT; THUS, THE LAW DOES NOT REQUIRE MANDATED REPORTING FOR OTHER AREAS SPECIFICALLY RECOMMENDED BY THE CHILDREN'S DIVISION OF THE AMERICAN HUMANE ASSOCIATION AND THE OFFICE OF CHILD DEVELOPMENT OF THE U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE. EDUCATIONAL NEGLECT, MEDICAL NEGLECT, AND EMOTIONAL NEGLECT ARE THREE OF THE RECOMMENDED CHILD ABUSE AREAS NOT INCLUDED IN THE SOUTH CAROLINA CHILD ABUSE LAW. THE DEBATE ON EXPANDING THE CHILD ABUSE LAW TO INCLUDE THESE AREAS IS POLARIZED AROUND GROUPS WHO FOCUS ON THE RIGHT OF THE CHILD TO DEVELOP PROPERLY UNDER THE PROTECTION OF THE STATE AND THOSE WHO EMPHASIZE THE RIGHT OF PARENTS TO RAISE THEIR CHILDREN BY PREFERRED STANDARDS WITHOUT INTERFERENCE FROM THE STATE. PROBLEMS ASSOCIATED WITH DEFINING CHILD ABUSE ARE SEEN TO LIE AT THE HEART OF THE DEBATE. PARENT ADVOCACY GROUPS FEAR BROAD DEFINITIONS OF CHILD ABUSE THAT WOULD GIVE THE STATE GREAT DISCRETION IN INTERVENING IN PARENT-CHILD RELATIONSHIPS; WHEREAS, CHILD ADVOCACY GROUPS WISH TO GUARD CHILDREN FROM THE EXTREMES OF PARENTAL BEHAVIOR THAT CAN LEAD TO DEATH AND MORBIDITY FOR CHILDREN. IN TACKLING THE PROBLEM OF CONSTRUCTING WORKABLE DEFINITIONS FOR VARIOUS DIMENSIONS OF CHILD ABUSE, IT IS SUGGESTED THAT DEFINITIONS BE SPECIFIC ENOUGH THAT LAY PERSONS ARE NOT REQUIRED TO MAKE A JUDGMENT AS TO WHETHER OR NOT THE SUSPECTED CONDITION FITS A TECHNICAL MEDICAL TERM. SOME MEASURES FOR MENTAL ABUSE OF CHILDREN ARE DISCUSSED. THE IMPORTANCE OF A CLAUSE GUARANTEEING IMMUNITY FROM LAW SUIT FOR THOSE REPORTING SUSPECTED CHILD ABUSE IS DISCUSSED, ALTHOUGH VINDICTIVE REPORTING IS SEEN TO BE A PROBLEM. AT THE CURRENT LEVEL OF DEBATE, IT IS ADVISED THAT MANDATED REPORTING SHOULD INCLUDE PHYSICAL AND SEXUAL ABUSE, WITH THE POINT BEING MADE TO PARENT ADVOCACY GROUPS THAT THE INTENT OF SUCH A LAW IS TO PROTECT CHILDREN FROM SEVERE AND REPEATED INJURY. CATEGORIES OF CHILD ABUSE ARE IDENTIFIED AND DEFINED AND THE NUMBER OF CASES REPORTED IN EACH CATEGORY IN SOUTH CAROLINA FOR FISCAL YEAR 1974-1975 IS INDICATED. REFERENCES ARE INCLUDED. (RCB)