NCJ Number
62881
Journal
Villanova Law Review Volume: 23 Issue: 3 Dated: (MARCH 1978) Pages: 445-546
Date Published
1978
Length
1 page
Annotation
THE SCOPE, NATURE, CAUSES, AND TREATMENT OF CHILD ABUSE AND NEGLECT, RELATED LEGISLATION, AND THE RIGHT TO INDEPENDENT COUNSEL FOR A CHILD SUSPECTED OF HAVING BEEN ABUSED IN PENNSYLVANIA ARE CONSIDERED IN THREE ARTICLES.
Abstract
THE INITIAL PRESENTATION REVEALS THE HIGH INCIDENCE OF CHILD ABUSE AND NEGLECT SHOWN IN SURVEYS OF HOSPITALS AND LAW ENFORCEMENT AGENCIES WITHIN THE 1960'S AND 1970'S. SYMPTOMS OF ABUSE ARE DESCRIBED, AND THE PHYSICIAN'S RESPONSIBILITIES IN SUSPECTED CASES OF CHILD ABUSE AND NEGLECT ARE LISTED. THE WORK OF A MULTIDISCIPLINARY TEAM IN PROVIDING TREATMENT AND PREVENTION FOR ABUSED CHILDREN AND ABUSING PARENTS IS OUTLINED. A SECOND ARTICLE EXAMINES 'SECOND GENERATION' CHILD PROTECTIVE LAWS. LAWS HAVE ESTABLISHED REPORTING PROCEDURES, AUTHORIZED THE TAKING OF CHILDREN INTO PROTECTIVE CUSTODY, AND ASSIGNED CHILD PROTECTIVE RESPONSIBILITIES TO SOCIAL AGENCIES AND THE POLICE, AS WELL AS CREATED JUVENILE AND CRIMINAL COURT JURISDICTION AND FOSTER TREATMENT PROGRAMS. FIFTY STATES ARE REPORTED TO HAVE CHILD ABUSE REPORTING LAWS, BUT THAT THE LEGAL FRAMEWORK FOR CHILD PROTECTIVE WORK IS INCOMPLETE AND UNNECESSARILY COMPLEX IN MOST STATES, MAKING IT DIFFICULT TO IMPLEMENT EFFECTIVE PROGRAMS. THE THIRD PRESENTATION EXAMINES THE RIGHT TO INDEPENDENT COUNSEL FOR A CHILD SUSPECTED OF HAVING BEEN ABUSED UNDER THE CHILD PROTECTIVE SERVICES LAW OF PENNSYLVANIA, ALONG WITH RELATED ISSUES. ALTHOUGH PENNSYLVANIA COURTS HAVE NOT SQUARELY FACED THIS ISSUE IN ANY DECISIONS, DECISIONS IN RELATED ISSUES AND THE TREND OF COURT DECISIONS IN OTHER JURISDICTIONS APPEAR TO SUPPORT THE RIGHT TO INDEPENDENT COUNSEL OF A CHILD SUSPECTED OF HAVING BEEN ABUSED. THE MOMENT IN THE PROCEEDINGS WHEN COUNSEL SHOULD BE ASSIGNED IS INDICATED NOT TO HAVE BEEN DETERMINED. REPRESENTATION AT THE EARLIEST FEASIBLE TIME IS FAVORED, CERTAINLY BY THE TIME A REPORT OF SUSPECTED ABUSE IS INDICATED. PROPER MONITORING OF ATTORNEY ACTIVITIES TO ASSURE A MINIMUM OF 15 TO 20 HOURS COMMITMENT TO THE AVERAGE CASE, AND THE ABILITY OF COUNSEL TO SECURE ADEQUATE SOCIAL AND MEDICAL EXPERTISE THROUGH COURT-ORDERED EXAMINATIONS IS RECOMMENDED. PROPER TRAINING OF ATTORNEYS IN THE PECULIARITIES AND SUBTLETIES OF CHILD ADVOCACY PRIOR TO APPOINTMENT IS ALSO SUGGESTED. FOOTNOTES ARE PROVIDED FOR EACH ARTICLE. (RCB)