NCJ Number
67691
Date Published
1977
Length
0 pages
Annotation
THIS CASSETTE TAPE DISCUSSES THE CONFLICT THAT ARISES BETWEEN PARENTS RIGHTS OF PRIVACY AND SOCIETY'S NEED TO DISCOVER AND REPORT CASES OF CHILD ABUSE AND NEGLECT.
Abstract
THE PROTECTION OF ABUSED CHILDREN SERVED BY MANDATORY REPORTING, IS BEGINING TO GIVE STATES THE POWER TO INTRUDE ON THE PARENTS' RIGHT TO RAISE THEIR OWN CHILDREN. ON THE OTHER HAND, CHILDREN HAVE THE RIGHT OF STATE PROTECTION FROM ABUSING PARENTS. THERE IS THE HORROR THAT SOMEDAY SOMEONE IN WASHINGTON WILL BE DECIDING WHAT A CHILD NEEDS IN ORDER TO BE RAISED AS A GOOD LITTLE CITIZEN IN THE EYES OF THE GOVERNMENT. THE CHILD ABUSE REPORTING ACT DEFINES CHILD ABUSE AS THE MOST SERIOUS FORM OF NEGLECT WHICH NEEDS SOME TYPE OF ACTION PRIOR TO THE ABJUDICATORY PHASE OF THE COURT HEARING. THE ACT ESTABLISHES MANDATORY REPORTING AND PROVIDES A BROADER LIST OF POSSIBLE REPORTERS-- PHYSICIANS, TEACHERS, SOCIAL WORKERS, PSYCHIATRISTS, ETC.-- AND THESE MANDATED REPORTERS MUST REPORT OR THEY WILL BE PENALIZED UNDER LAW FOR FAILURE TO DO SO. REPORTS GO TO POLICE AND PROTECTIVE SERVICE AGENCIES, AND ARE REGISTERED ON COLLECTED REPORT DATA. THE MODEL PROTECTION ACT RECOGNIZES RIGHTS OF PRIVACY, BUT ALSO STATES THAT IF PARENTS HAVE THE MEANS TO PROVIDE THE NECESSITIES FOR THEIR CHILDREN'S PROPER DEVELOPMENT FAIL TO USE THEM, THEN THEY ARE INDEED NEGLECTFUL AND COULD BE SUBJECT TO COURT ACTION. THIS ACT CONSIDERS BATTERING, ABANDONMENT, AND EVIDENCE OF HARM OR THREAT OF HARM AS REASONS FOR ACTION AGAINST THE PARENTS. HOWEVER, PARENTS MUST BE AWARE THAT ACTION IS TAKING PLACE AND MUST HAVE ACCESS TO ALL RECORDS OF THE CASE. INVESTIGATIONS HAVE BEEN INAPPROPRIATE AND INADEQUATE IN THE PAST. IF THE INVESTIGATION FINDS THAT THE CHARGE IS UNFOUNDED, THEN ALL INFORMATION MUST BE DESTROYED. WHEN CHILDREN ARE TAKEN UNDER CUSTODY BY LAW ENFORCEMENT, CHILD PROTECTIVE SERVICES, OR PHYSICIANS, THERE MUST BE A JUDICIARY RESPONSE WITHIN 24 HOURS OR THE CHILD WILL BE RETURNED TO THE PARENTS. THE ADVANTAGES OF HAVING CENTRAL REGISTRIES INCLUDE SERVICE FOR THOSE REPORTING AS WELL AS FOR THOSE SEEKING HELP; REGISTRIES ALSO KEEP TRACK OF PROBLEM FAMILIES WHO RELOCATE. THESE REGISTRIES MUST BE CLOSELY GUARDED AND BE UNDER STRICT LAW CONCERNING THE RELEASE OF INFORMATION.