NCJ Number
152820
Journal
Journal of Offender Rehabilitation Volume: 21 Issue: 1/2 Dated: (1994) Pages: 11-26
Date Published
1994
Length
16 pages
Annotation
This article reviews the magnitude and extent of child maltreatment and how States have addressed the problem through reporting laws and special courtroom procedures.
Abstract
Although States have dealt with child maltreatment in the past, there is a new sense of urgency for States to adopt policies that effectively protect children. State policies and legislation play a critical role in protecting children, especially since data indicate that the incidence of child abuse and neglect has been steadily increasing over the past 20 years. Whether this increase is due to heightened awareness of reporting requirements or to an actual increase in violence toward children, however, is not clear. The authority for States to intervene on behalf of children is based on two sovereign powers, parens patriae and police power. All 50 States have child abuse reporting laws, but definitions of child abuse and neglect vary by State. Nonetheless, five distinct categories of mandated reporters emerge from the review of State child abuse reporting laws: medical professionals and institutions, education professionals, legal and law enforcement professionals, helping service professionals, and persons in the community. States have also passed laws to protect children from the potential harm of testifying in court and to increase successful prosecutions in child abuse cases. The Federal role in child protection is discussed, and the need for States to focus on the consequences of maltreatment to families and children rather than on child abuse and neglect reporting is emphasized. 35 references and 2 tables