NCJ Number
75467
Journal
Legal Aspects of Medical Practice Volume: 6 Issue: 2 Dated: (February 1978) Pages: 38-43
Date Published
1978
Length
6 pages
Annotation
Present legal remedies that are available to combat the epidemic of child abuse are discussed, and appropriate changes in the law are recommended.
Abstract
Throughout most of history, few laws have specifically protected children. Today, Legal remedies include laws that require people to report child abuse, give temporary custody of an abused child to a physician or other professional, establish central State registries of child abuse information, abrogate privileged communications in child abuse cases, provide for the permanent safety of the child, and provide for civil and criminal actions against child abusers. It is suggested that these measures are not sufficient, and that the paternalism of juvenile laws has often worked to the detriment of children. Ordinarily, it is impossible for the child to report his own abuse since the typical abused child is under 3 years of age. In addition, some reporting statutes do not require reports of all types of maltreatment; a statute may cover physical abuse but not neglect, emotional abuse, or sexual abuse. A number of States provide no penalties for failure to report child abuse, but many require an immediate oral report of suspected child abuse, followed by a written report. The conviction rate in child abuse cases is law because of problems with obtaining sufficient evidence, although some statutes have been enacted to remove the husband-wife or doctor-patient privilege in such cases. Children should be permitted to sue their parents in tort for personal injury, and parents should not be protected from such suits by being able to claim they were disciplining their children. Sixty references are included.