NCJ Number
53982
Journal
LEGAL POINTS Issue: 93 Dated: (1978)
Date Published
1978
Length
4 pages
Annotation
THE PROBLEM OF THE ABUSED, ABANDONED, OR NEGLECTED CHILD IS DISCUSSED IN TERMS OF LEGISLATION AND CASE LAW CONCERNING RESPONSIBILITY, TREATMENT, AND REASONS FOR REMOVAL FROM PARENTAL CUSTODY.
Abstract
ALTHOUGH THE LAW HAS LONG BEEN AWARE OF THE PROBLEM OF THE NEEDY CHILD, THE LAW'S CONCERN HAS BEEN FOCUSED UPON THE PREVENTION OF CRIME BY THE DELINQUENT CHILD, RATHER THAN UPON THE INHERENT CRIME OF CHILD NEGLECT. THE GRADUAL REORDERING OF THE LAW'S PERSPECTIVE IS DISCUSSED, FROM THE EARLY CUSTODIAL APPROACH FOR CHILDREN CONVICTED OF CRIMINAL BEHAVIOR, TO THE RECENT ATTEMPTS AT TREATING THE CAUSES OF CHILD ABUSE. CHILD ABUSE IS DIVIDED INTO THREE CATEGORIES, NOT ALL OF WHICH ARE RECOGNIZED IN ALL STATES AS CONSTITUTING CRIMINAL ACTS BY THE ABUSER. THESE INCLUDE PHYSICAL, SEXUAL, AND EMOTIONAL ABUSE, EACH OF WHICH ARE DEFINED ACCORDING TO THE LAWS OF THE SEPARATE STATES. A MAJORITY OF THE STATES HOLD THAT THE REASONABLENESS OF A PARENT'S ACTS OF DISCIPLINE TOWARD A CHILD DEPENDS UPON A TOTALITY OF THE CIRCUMSTANCES, INCLUDING THE AGE AND SIZE OF THE CHILD. A MINORITY OF STATES WILL SUSTAIN ANY MEASURES TAKEN BY A PARENT WHICH LACK MALICE AND DO NOT RESULT IN PERMANENT INJURY. CHILD ABUSE STATUTES SHOW CONSIDERABLE VARIATION BETWEEN THE STATES CONCERNING THE REMOVAL OF A CHILD FROM THE PARENT'S CUSTODY, AND CONCERNING THE CRIMINAL LIABILITY OF A CHILD ABUSER. IN THE MOST EGGREGIOUS CASES OF ABUSE THE CRIMINAL ASSAULT STATUTES PROVIDE A FEASIBLE ALTERNATIVE TO PROCEDURES FOR THE TERMINATION OF PARENTAL RIGHTS. CHILD NEGLECT THROUGH LACK OF PROPER CARE MAY REQUIRE INTERVENTION BY WELFARE AGENCIES ATTEMPTING TO SOLVE THE UNDERLYING PROBLEMS, PRIOR TO ANY ATTEMPTS TO REMOVE THE CHILD FROM HIS OR HER PARENTS. OFFICIALS SHOULD BE ABLE TO DIFFERENTIATE BETWEEN NEGLECT THROUGH IGNORANCE, AND NEGLECT THROUGH MALICE. FOOTNOTES ARE PROVIDED. FOR PART 2, SEE NCJ-539830. (TWK).