NCJ Number
48066
Date Published
1975
Length
9 pages
Annotation
PROBLEMS IN DEALING WITH CHILD ABUSE THROUGH LEGISLATION AND THE LEGAL SYSTEM ARE DISCUSSED.
Abstract
THE DISCUSSION OPENS WITH REFERENCE TO THE LACK OF INFORMATION AMONG ALL PROFESSIONS -- MEDICAL, SOCIAL WORK, LEGAL -- REGARDING THE LEGAL ISSUES INVOLVED IN CHILD ABUSE. COMMON FEATURES OF STATE LAWS REGARDING CHILD ABUSE ARE POINTED OUT. IT IS NOTED THAT, ALTHOUGH ALL STATES HAVE FRAMEWORKS FOR ENCOURAGING THE REPORTING OF CHILD ABUSE AND THE PROVISION OF PROTECTIVE SERVICES, THE INCIDENCE OF CHILD ABUSE AND NEGLECT CONTINUES TO RISE WHILE REPORTING AND COURT ACTION TEND TO BE NEGLIGIBLE. WIDESPREAD FAILURE TO COMPLY WITH MANDATORY REPORTING STATUTES AND MINIMAL USAGE OF AVAILABLE STATUTES DESIGNED TO PROVIDE PROTECTIVE INTERVENTION ON BEHALF OF CHILDREN ARE CITED. POSSIBLE FACTORS IN THE FAILURES OF COMPLIANCE AND USAGE ARE SUGGESTED. THE NEED TO BE MORE REALISTIC ABOUT WHAT THE LEGAL SYSTEM CAN DO TO AMELIORATE PROBLEMS OF CHILD ABUSE AND NEGLECT IS POINTED OUT. IT IS SUGGESTED THAT THE RESOURCES EXPENDED IN REFORMING LAWS COULD HAVE BEEN BETTER INVESTED IN DEVELOPING AND DELIVERING NEEDED SERVICES. THE BASIC AMBIVALENCE OF THE LAW AS IT RELATES TO FAMILIES, THE INTERRELATIONSHIP OF FAMILY MEMBERS, AND THE RELATIONSHIP OF THE FAMILY TO THIRD PARTIES IS POINTED OUT, AS IS THE NEED FOR A CLEARLY ARTICULTED PHILOSOPHICAL CONTEXT WITHIN WHICH TO DEVELOP REALISTIC CHILD ABUSE LAWS. (LKM)