NCJ Number
45860
Date Published
1976
Length
56 pages
Annotation
THE STATUS OF CHILD ABUSE LEGAL RESEARCH IS ASSESSED, WITH ITS CONCENTRATIONS IN OPPOSING POINTS OF VIEW: THE NEED TO INTERVENE ON THE ONE HAND AND THE FAILURE OF THE LAW AND THE COURTS TO DO SO ON THE OTHER.
Abstract
IN THE U.S., PARENTS HAVE TRADITIONALLY HAD THE RIGHT TO RAISE THEIR OWN CHILDREN IN THEIR OWN WAY UNLESS SOME EVIDENCE OF GROSS MISCONDUCT REACHES THE COURT OR AN OUTRAGED PUBLIC. HOWEVER, IN THE PAST 15 YEARS EMPHASIS HAS SHIFTED FROM PUNISHMENT TO INTERVENTION, AND STATUTES HAVE BEEN PASSED REQUIRING THE REPORTING OF SUSPECTED CHILD ABUSE AND EXPANDING THE COURT'S RIGHT TO INTERVENE. ALL STATES GRANT IMMUNITY TO PROFESSIONALS OR OTHERS WHO REPORT CHILD ABUSE, AND 20 STATES IMPOSE PENALTIES FOR FAILURE TO REPORT. MANY REQUIRE THE REPORTER TO IDENTIFY THE SUSPECTED ABUSER. THIS PUTS PHYSICIANS IN A DIFFICULT LEGAL SITUATION. SUCH REQUIREMENTS ARE DESCRIBED AS COUNTERPRODUCTIVE. A REQUIREMENT OF WRITTEN REPORTS MAY CUT DOWN ON THE NUMBER OF FALSE REPORTS BUT MAY ALSO DETER MANY INDIVIDUALS FROM MAKING ANY REPORT AT ALL. LACK OF FUNDING IS ONE OF THE GREATEST OBSTACLES TO THE IMPLEMENTATION OF CHILD ABUSE LAWS. LACK OF TRAINING OF PERSONNEL AND UNCLEAR MANDATES FROM RESPONSIBLE AGENCIES ARE ALSO PROBLEMS. IN ADDITION, CONFLICTS FREQUENTLY ARISE AMONG JURISDICTIONS WITHIN A STATE OR BETWEEN STATES. SINCE ABUSING FAMILIES ARE OFTEN HIGHLY MOBILE, THESE CONFLICTS HINDER PROSECUTION OF THE CASE AND OFTEN PRECLUDE ANY AID TO THE CHILD. INTERSTATE COMPACTS AND EMERGENCY JURISDICTION MAY HELP SOLVE THIS PROBLEM. SPECIAL JURISDICTIONAL PROBLEMS OCCUR WITH AMERICAN INDIAN OR MILITARY FAMILIES. AS LONG AS AN INDIAN REMAINS ON THE RESERVATION HE OR SHE IS SUBJECT ONLY TO THE LAWS OF THE FEDERAL GOVERNMENT, U.S. MILITARY CODE, OR THE RESPECTIVE INDIAN TRIBAL COUNCIL. IN 25 STATES, COURTS CAN EXERCISE JURISDICTION OVER ABUSE OR NEGLECT COMMITTED BY INDIANS ONLY IF IT OCCURS OFF THE RESERVATION OR IF IT RESULTS IN THE DEATH OF THE CHILD. THE PROBLEM IS EQUALLY DIFFICULT IF THE ABUSE IS COMMITTED BY A MILITARY DEPENDENT LIVING ON A BASE. FEDERAL COURTS GENERALLY WILL NOT HEAR SUCH CASES DUE TO A LACK OF CONGRESSIONAL MANDATE AND PROCEDURES. THE U.S. ARMY HAS FACED THE PROBLEM AND HAS PROVIDED MECHANISMS FOR REPORTING AND TREATING ABUSE OR NEGLECT ON ANY ARMY INSTALLATION WITH 2,000 PERSONS OR MORE. THE OTHER BRANCHES OF THE ARMED SERVICES DO NOT HAVE SIMILAR PROGRAMS. FUTURE LEGAL RESEARCH NEEDS TO BE FOCUSED ON REVISING UNREALISTIC LAWS, IDENTIFYING JURISDICTIONAL PROBLEMS, AND FINDING SUCCESSFUL WAYS TO HANDLE ABUSE AND NEGLECT CASES. SUCCESSFUL STRUCTURES FOR SERVICES, SUCCESSFUL WAYS TO PUBLICIZE PROGRAMS, AND REASONABLE GOALS ALL NEED TO BE EXAMINED. (GLR)