SYNOPSIS - STANDARDS RELATING TO ABUSE AND NEGLECT

• NCJ Number: 44234
• Journal: Boston University Law Review Volume: 57 Issue: 4 Dated: (JULY 1977) Pages: 663-669
• Author(s): ANON
• Date Published: 1977
• Length: 7 pages
• Corporate Author: Boston University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE PROVISIONS OF THE STANDARDS FOR ABUSE AND NEGLECT PROPOSED BY THE JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS OF THE INSTITUTE OF JUDICIAL ADMINISTRATION AND THE AMERICAN BAR ASSOCIATION ARE SUMMARIZED.

Abstract

THE STANDARDS FOR ABUSE AND NEGLECT DELINEATE SPECIFIC SUBSTANTIVE GROUNDS AND PROCEDURAL REQUIREMENTS DESIGNED TO CIRCUMSCRIBE STATE INTERVENTION IN SUSPECTED INSTANCES OF CHILD ABUSE OR NEGLECT. THE GOALS OF THE STANDARDS ARE TO LIMIT INTERVENTION TO CASES IN WHICH IT IS LIKELY TO DO MORE GOOD THAN HARM FOR THE CHILD; TO ENSURE THAT WHEN INTERVENTION OCCURS EVERY EFFORT IS MADE TO KEEP THE CHILD WITH HIS PARENTS OR, IF THE CHILD CANNOT SAFELY REMAIN AT HOME, TO PLACE THE CHILD IN A STABLE LIVING SITUATION; TO PROVIDE PROCEDURES TO ASSURE THAT APPROPRIATE DECISIONS ARE MADE; AND TO ENSURE ACCOUNTABILITY IN DECISIONMAKING. PART I OUTLINES THE GENERAL PRINCIPLES UNDERLYING THE STANDARDS. THE BASIC PREMISE IS THAT DEFERENCE SHOULD BE GIVEN TO PARENTAL AUTONOMY, BECAUSE SUCH DEFERENCE IS MOST OFTEN CONSISTENT WITH THE BEST INTERESTS OF CHILDREN. THE STATUTORY GROUNDS FOR COURT INTERVENTION CITED IN PART II DEFINE THE CIRCUMSTANCES IN WHICH THE OVERRIDING INTERESTS OF THE CHILD MAY JUSTIFY STATE INTERVENTION IN PARENTS' CHILD-REARING DECISIONS. OTHER SECTIONS ESTABLISH ROUTES BY WHICH A SUSPECTED CASE OF CHILD ABUSE OR NEGLECT CAN ENTER THE STATUTORY SYSTEM OF STATE INTERVENTION: REPORTING OF ABUSED CHILDREN; EMERGENCY TEMPORARY CUSTODY OF AN ENDANGERED CHILD; AND INITIATION OF COURT PROCEEDINGS. THE STANDARDS ALSO COVER THE DISPOSITIONAL HEARING UPON DETERMINATION OF ENDANGERMENT, PERIODIC COURT REVIEWS TO MONITOR PROGRESS BY CHILDREN AND PARENTS, TERMINATION OF PARENTAL RIGHTS, CRIMINAL PROSECUTION OF ABUSING PARENTS, AND VOLUNTARY PLACEMENT OF CHILDREN IN FOSTER HOMES. A DIAGRAM DEPICTING THE SYSTEM OF STATE INTERVENTION PROPOSED IN THE STANDARDS IS INCLUDED.