LEGAL ASPECTS OF REPORTING KNOWN AND SUSPECTED CHILD ABUSE AND NEGLECT (FROM ABUSED AND NEGLECTED CHILD MULTI-DISCIPLINARY COURT PRACTICE, 1978, BY DOUGLAS J BESHARON ET AL - SEE NCJ-56313)

• NCJ Number: 56318
• Author(s): D J BESHAROV
• Date Published: 1978
• Length: 64 pages
• Corporate Author: Practicing Law Institute
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM VILLANOVA LAW REVIEW, V 23, N 3 (1978), P 458-520

Annotation

THIS ARTICLE FROM THE ATTORNEYS' HANDBOOK ON CHILD ABUSE EXAMINES THE CHILD PROTECTIVE STATUTES WHICH REQUIRE THE REPORTING OF SUSPECTED CHILD NEGLECT AND IMPROVE THE REGISTRATION OF AGENCY REPORTS.

Abstract

BY 1967, ALL STATES ENACTED CHILD PROTECTIVE STATUTES, INCLUDING LAWS WHICH REQUIRE THE REPORTING OF SUSPECTED CHILD ABUSE. IN MOST JURISDICTIONS, HOWEVER, THE LAWS THEMSELVES WERE INEFFECTIVE IN PROTECTING CHILDREN. THE INABILITY OF EXISTING AGENCIES TO PROTECT ENDANGERED PERSONS WAS WIDELY ADMITTED; MOREOVER, MANY CHILDREN WERE FURTHER INJURED BECAUSE THE AGENCIES WERE UNABLE TO RESPOND QUICKLY TO REPORTED CASES. IN RESPONSE TO THE FAILURES OF THE FORMER PROTECTIVE SYSTEMS, 42 STATES AMENDED THEIR LAWS TO REQUIRE THE REPORTING OF SUSPECTED CHILD NEGLECT AND ABUSE, AND TO IMPROVE PROCEDURES FOR HANDLING CASES AND MAINTAINING THE REGISTRATION OF REPORTS. STATES REPORTS. STATES WHICH PASSED SUCH 'SECOND GENERATION' STATUTES COULD QUALIFY FOR FEDERAL ASSISTANCE UNDER THE CHILD ABUSE PREVENTION AND TREATMENT ACT OF 1974. THE NEW STATUTES EMPHASIZE THE PROTECTION OF THE CHILDREN WHILE RECOGNIZING THE PARENTAL RIGHT OF CHILD RAISING. AT LEAST 24 STATES PROVIDE FOR THE APPOINTMENT OF LEGAL COUNSEL TO REPRESENT THE CHILD IN ANY JUDICIAL PROCEEDINGS. HOWEVER, COURTS ARE DIVIDED REGARDING THE PARENTS' RIGHT TO COUNSEL IN CIVIL HEARINGS. BECAUSE CHILD ABUSE IS FREQUENTLY PART OF A CONTINUING PATTERN OF FAMILY VIOLENCE, CENTRAL REGISTERS ARE CRUCIAL IN DETERMINING THE NATURE OF A FAMILY'S PROBLEMS. THE CONFIDENTIALITY OF SUCH RECORDS, HOWEVER, IS NECESSARY TO ENCOURAGE REPORTING AND PROTECT THE RIGHTS OF THE PERSONS INVOLVED. FURTHER DISCUSSION CONCERNS THE PROCEDURES FOR REPORTING ABUSE, THE AGENCIES WHICH HANDLE THE REPORTS, AND THE TRAINING OF PROTECTIVE SERVICE EMPLOYEES. FOOTNOTES ARE PROVIDED. (TWK)