NCJ Number
53983
Journal
LEGAL POINTS Issue: 94 Dated: (1978)
Date Published
1978
Length
4 pages
Annotation
THE PROBLEM OF CHILD ABUSE, ABANDONMENT, AND NEGLECT IS DISCUSSED WITH EMPHASIS ON THE ROLE OF THE POLICE OFFICER IN THE HANDLING OF SUCH CASES.
Abstract
IN ORDER TO MAKE THE BEST ADVANTAGE OF THEIR UNIQUE POSITION FOR THE OBSERVATION OF POTENTIAL CASES OF CHILD ABUSE, POLICE OFFICERS SHOULD BE AWARE OF THE PROCEDURES FOR THE REPORTING OF ABUSE AND THEY SHOULD BE ENCOURAGED TO MAKE SUCH REPORTS. ALTHOUGH OFFICERS MAY BELIEVE THAT INDIVIDUAL REPORTS LACK SUFFICIENT EVIDENCE TO WARRANT COURT INTERVENTION, THE OFFICERS' RECORDS OF REPEATED INCIDENTS MAY EVENTUALLY AID IN THE ESTABLISHMENT OF A PATTERN OF ABUSIVE CONDUCT WHICH CALLS FOR CONVICTION OR THE TERMINATION OF PARENTAL RIGHTS. ALTHOUGH THE REPORTING STATUTES VARY BETWEEN THE STATES, REPORTS NEED NOT BE BASED UPON THE 'PROBABLE CAUSE' REQUIRED FOR CRIMINAL WARRANTS, BUT RATHER NEED ONLY BE MADE WHENEVER 'REASONABLE CAUSE' OR 'REASONABLE SUSPICION' EXISTS. POLICE OFFICERS SHOULD BE ALERT TO SIGNALS WHICH IDENTIFY POTENTIAL CASES OF ABUSE, AND WHICH CALL FOR FURTHER INVESTIGATION. SUCH SIGNALS INCLUDE POOR INTERSPOUSAL RELATIONSHIPS AND CHRONICALLY INJURED CHILDREN. IMMINENT DANGER TO A CHILD MAY JUSTIFY AN OFFICER'S REMOVAL OF THE CHILD FROM ITS HOME WITHOUT PARENTAL CONSENT OR A COURT ORDER. MOST REMOVALS WILL INVOLVE A COURT PROCEEDING. THE EVIDENTIARY AND TESTIMONIAL PROBLEMS AT SUCH ADJUDICATIONS ARE DISCUSSED; THE STRONGEST EVIDENCE IS A DEMONSTRATION OF THE LIKELIHOOD OF REPETITION. OFFICERS ARE ENCOURAGED TO COOPERATE WITH THE SOCIAL AGENCIES IN SUSPECTED CASES OF ABUSE. FOR PART 1, SEE NCJ-53982. (TWK)