VIOLENCE TOWARDS CHILDREN - MEDICAL LEGAL ASPECTS (FROM VIOLENCE AND RESPONSIBILITY, 1978, BY ROBERT L SADOFF

• NCJ Number: 53980
• Author(s): H H FOSTER
• Date Published: 1978
• Length: 7 pages
• Corporate Author: Spectrum Publications, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE RESPONSE OF THE LEGAL, MEDICAL, AND SOCIAL SERVICE SYSTEMS TO THE PROBLEM OF CHILD ABUSE AND NEGLECT IS DISCUSSED.

Abstract

THE CASE OF A HOSPITALIZED 4-YEAR-OLD BOY WHO, HAVING HIMSELF BEEN SUBJECTED BY HIS MOTHER AND HER BOYFRIENDS TO REPEATED BEATINGS FOR CRYING, KILLED A CRYING INFANT IN THE CRIB NEXT TO HIS ILLUSTRATES THE CRITICAL NATURE OF THE PROBLEM OF CHILD ABUSE. LIMITATIONS ON THE EFFICACY OF THE LEGAL SYSTEM IN DEALING WITH THE PROBLEM ARE POINTED OUT, WITH REFERENCE TO SITUATIONS IN WHICH ENFORCEMENT HAS BEEN TOO SLOW, FRAGMENTED, OR UNCERTAIN TO PREVENT THE MOST EXTREME CONSEQUENCES OF ABUSE, AND TO CASES IN WHICH THE COURTS HAVE ADDRESSED ONLY THE MOST OBVIOUS ASPECT OF COMPLEX FAMILY DYSFUNCTION. JUSTIFICATIONS FOR MANDATING THE REPORTING OF ABUSE BUT NOT NEGLECT ARE EXAMINED AND FOUND WANTING. IT IS SUGGESTED THAT PROCEDURES EXIST TO GUARD AGAINST 'OVERREPORTING' (I.E., CLAIMS OF NEGLECT REFLECTING THE BIASES AND CLASS STATUS OF REPORTING PROFESSIONALS) AND THAT RELEGATING EMOTIONAL ABUSE AND NEGLECT TO A SECONDARY POSITION CANNOT BE JUSTIFIED ON THE GROUNDS THAT DEALING WITH SUCH PROBLEMS WOULD PLACE A BURDEN ON THE LEGAL SYSTEM. THE REAL ISSUE IS WHETHER SOCIAL AGENCIES AND THE MENTAL HEALTH SYSTEMS, NOT THE COURTS, CAN HANDLE THE LOAD. THE NEED FOR COOPERATION AMONG THE COURTS, SOCIAL AND HEALTH AGENCIES, AND POLICE IN DEALING WITH CHILD ABUSE AND NEGLECT IS NOTED. THE EXTENT TO WHICH ABUSE AND NEGLECT REFLECT A GENERAL DETERIORATION IN SOCIAL VALUES IS ACKNOWLEDGED. IT IS CONCLUDED THAT ONLY A RESTRUCTURING OF SOCIETY AND A NEW CONSENSUS REGARDING SOCIAL GOALS CAN PRODUCE THE KIND OF ENVIRONMENT THAT NURTURES MEANINGFUL PARENT-CHILD RELATIONSHIPS. IN THE MEANTIME, THE STRUGGLE IS THAT OF COPING WITH THE SYMPTOMS OF A SICK SOCIETY, INCLUDING THE BATTERED CHILD. STATUTES AND THE JUDICIAL PROCESS MAY PROVIDE THE PROCEDURE FOR DEALING WITH CHILD ABUSE AND NEGLECT, BUT THE SUBSTANCE MUST COME FROM THE MEDICAL AND SOCIAL WORK PROFESSIONS. A LIST OF REFERENCES IS INCLUDED. (LKM)