MODEL CHILD ABUSE AND NEGLECT LEGISLATION (FROM CHILD ABUSE AND NEGLECT - ISSUES ON INNOVATION AND IMPLEMENTATION - V 1, 1978, BY MICHAEL L LAUDERDALE, ET AL - SEE NCJ-59268)

• NCJ Number: 59283
• Author(s): J H LINCOLN
• Date Published: 1978
• Length: 5 pages
• Corporate Author: US Dept of Health and Human Services
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

APPROACHES TO MODEL CHILD ABUSE AND NEGLECT LEGISLATION ARE IDENTIFIED, THE ROLE OF JUVENILE COURT JUDGES IN THE DEVISING OF MODEL LEGISLATION CONSIDERED, AND THE ROLE OF THE FEDERAL GOVERNMENT ASSESSED.

Abstract

THOSE IN THE UNITED STATES WHO WRITE MODEL LAWS, STANDARDS, ETC., FOR NEGLECTED AND ABUSED CHILDREN FALL INTO THREE CLASSIFICATIONS--RIGHT, LEFT, AND CENTER. THE BEHAVIORAL AND LEGAL SCIENTISTS REPRESENTING 'THE RIGHT' ARE LARGELY ON THE WEST COAST AND REPRESENTATIVES ON 'THE LEFT' ARE ON THE EAST COAST. 'THE RIGHT' HAS DRAFTED MODEL NEGLECT AND ABUSE LAWS AND STANDARDS FOR THE INSTITUTE OF JUDICIAL ADMINISTRATION AND THE WORK OF THIS COMMITTEE WILL BE PRESENTED TO THE AMERICAN BAR ASSOCIATION. THE LEGISLATION PROPOSED WOULD SEVERLY RESTRICT THE ROLE OF GOVERNMENT IN THE LIFE OF A CHILD. 'THE LEFT', REPRESENTED BY THE DIRECTOR OF THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, WOULD HAVE THE GOVERNMENT INVOLVED TO A GREAT EXTENT IN EFFORTS TO PROTECT A CHILD FROM EVERY CONCEIVABLE SITUATION OF ABUSE AND NEGLECT. 'THE CENTER' EXPOUNDS NO PARTICULAR PHILOSOPHY OF APPROACH TO LEGISLATION ON CHILD ABUSE AND NEGLECT, BUT ADVOCATES RISING ABOVE THEORETICAL PRINCIPLES TO PURSUE PRACTICAL ANSWERS TO THE PROBLEM. JUVENILE COURT JUDGES HAVE BEEN LARGELY UNREPRESENTED IN DELIBERATIONS CONCERNING MODEL LAWS AND STANDARDS ON CHILD ABUSE AND NEGLECT. STEPS FOR REMEDYING THIS SITUATION ARE PROPOSED. 'THE LEFT' IS OF GREATEST CONCERN, BECAUSE ITS APPROACH IS YOKED TO FEDERAL FUNDING. THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE SHOULD NOT ISSUE MODEL STANDARDS AND LEGISLATION WITH THE PROMISE OF FEDERAL MONEY SHOULD SUCH STANDARDS BE ADOPTED. THIS CAN LEAD TO UNDESIRABLE LEGISLATIVE UNIFORMITY IN THE STATES. ANOTHER TWO OR THREE DECADES OF VARIETY, EXPERIMENTATION, DIVERSITY, AND NONINTERFERENCE BY THE FEDERAL GOVERNMENT IS NEEDED IN DEALING WITH CHILD ABUSE AND NEGLECT. EFFORTS TO ESTABLISH UNIFORMITY IN DEALING WITH THE PROBLEM CAN ONLY COMPLICATE AND INTERFACE WITH THE CREATIVE EVOLUTION OF STATE AND LOCAL EFFORTS IN DEALING WITH THE SERIOUS PROBLEM OF CHILD ABUSE AND NEGLECT. REFERENCE NOTES ARE PROVIDED. (RCB)