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NEGATIVE EFFECTS OF CHILD ABUSE LEGISLATION

NCJ Number
47095
Journal
Child Abuse and Neglect Volume: 1 Issue: 1 Dated: (1977) Pages: 167-171
Author(s)
E J ROLDE
Date Published
1977
Length
5 pages
Annotation
SOME POSSIBLY NEGATIVE EFFECTS OF THE REFORM OF CHILD ABUSE LEGISLATION ARE DISCUSSED IN LIGHT OF A MASSACHUSETTS MOVE TO UPGRADE CHILD ABUSE REPORTING AND TREATMENT EFFORTS.
Abstract
A NEW STATE LAW THAT WENT INTO EFFECT IN MASSACHUSETTS IN 1974 MANDATES THE REPORTING OF CHILD ABUSE BY PHYSICIANS, MEDICAL INTERNS, MEDICAL EXAMINERS, DENTISTS, NURSES, PUBLIC OR PRIVATE SCHOOL TEACHERS, EDUCATIONAL ADMINISTRATORS, GUIDANCE AND FAMILY COUNSELORS, PROBATION OFFICERS, AND POLICE. REPORTING IS AUTHORIZED, BUT NOT MANDATED, BY ANY PERSON AWARE OF HARM TO A CHILD. IN ADDITION TO STRENGTHENING REPORTING, THE TYPE OF INJURY TO BE REPORTED WAS EXPANDED FROM PHYSICAL ABUSE TO INCLUDE EMOTIONAL INJURY AND INJURY CAUSED BY NEGLECT AND SEXUAL ABUSE. ALONG WITH PASSAGE OF THE LAW, A PUBLICITY CAMPAIGN WAS LAUNCHED CONCERNING THE NEW LAW AND THE PROBLEM OF CHILD ABUSE. THOUGH REPORTING EFFORTS WERE ENHANCED, THE STAFF DEALING WITH THE DELICATE TASK OF INVESTIGATING REPORTS OF ABUSE WAS NOT EXPANDED OR AFFORDED THE PROFESSIONALIZATION ITS INCREASED DOMAIN NECESSITATED. WITH A STABLE POPULATION OF JUST UNDER 6 MILLION PEOPLE, THE YEARLY REPORTING OF INJURY IN MASSACHUSETTS UNDER THE ABUSED CHILDREN STATUTE WAS 101 IN 1965, 175 IN 1970, 195 IN 1973, 700 IN 1974 (THE YEAR OF THE NEW LAW), 2,238 IN 1975, AND APPROXIMATELY 4,000 IN 1976. THE IMPLICATIONS WROUGHT BY THE IMPLEMENTATION OF THE NEW LAW ARE EXAMINED IN TERMS OF THIS SUBSTANTIAL INCREASE IN REPORTED CASES OF CHILD ABUSE OR NEGLECT. FIVE NEGATIVE ASPECTS ARE BRIEFLY EXAMINED: ABUSING FAMILIES ARE BEING DRIVEN UNDERGROUND BY THE BLANKET WATCHDOG ROLE FORCED ON INSTITUTIONS AND INDIVIDUALS IN THE STATE; THE LACK OF A CLEAR DEFINITION UNDER THE NEW LAW OF THE TERM 'CHILD ABUSE' GREATLY COMPOUNDS THE CULTURAL-SOCIAL-EDUCATIONAL BOUNDARIES EXISTING BETWEEN CLIENTS AND WORKERS; THE SELF-DEFEATING EFFECTS OF MULTIPLE SERVICES; THE STATE AS A POOR PARENT -- THE LACK OF CONTINUITY AND THE INCONSISTENCY OF WORKERS RESPONSIBLE FOR CASEWORK; AND THE ABROGATION OF CHILDREN'S RIGHTS. NO REFERENCES ARE CITED. (KBL)

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