BATTERED CHILD AND THE LAW (FROM HELPING THE BATTERED CHILD AND HIS FAMILY, 1972, BY C HENRY KEMPE AND RAY E HELFER - SEE NCJ-15310)

• NCJ Number: 49041
• Author(s): J J DELANEY
• Date Published: 1972
• Length: 21 pages
• Corporate Author: J B Lippincott
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

THE LEGAL SYSTEM'S CRIMINAL AND CIVIL PROCESSING OF CHILD ABUSE/NEGLECT CASES IS DISCUSSED, AND MEASURES FOR IMPROVING THE COURT'S INVOLVEMENT IN THE PROBLEM OF CHILD ABUSE ARE SUGGESTED.

Abstract

THE LAW IS CONCERNED WITH THE ABUSED CHILD IN BOTH THE CRIMINAL AND CIVIL CONTEXTS. UNIVERSALLY, CHILD ABUSE IS PROSCRIBED BY LAW AND DEFINED AND PUNISHED AS A CRIME. THE LAW ALSO TREATS CHILD ABUSE AS A CIVIL MATTER, JUSTIFYING COURT INTERVENTION ON BEHALF OF THE CHILD UNDER THE PARENS PATRIAE DOCTRINE. IN GENERAL, THE CRIMINAL PROSECUTION OF ABUSING PARENTS IS AN INEFFECTIVE APPROACH TO THE PROBLEM OF CHILD ABUSE IN THAT THE TRUE CAUSES OF THE BATTERING PARENT'S CONDUCT ARE NOT SOUGHT OUT IN THE CRIMINAL PROCESS. EXAMINATION OF THE RELATIONSHIPS AMONG ABUSE, DELINQUENCY AND FURTHER CRIMINAL BEHAVIOR OF THE ABUSED CHILD, AND THE ABUSED CHILD'S ADULT PERFORMANCE AS A PARENT SUGGESTS THAT THE JUVENILE COURT'S BROAD INVOLVEMENT IN ABUSE AND NEGLECT IS JUSTIFIED IN THE INTERESTS OF BOTH THE BATTERED CHILD AND SOCIETY IN GENERAL. IF COURTS ARE TO DEAL EFFECTIVELY WITH CHILD ABUSE, JUDGES AND LAWYERS MUST BE WILLING TO MODIFY TRADITIONAL LEGAL PROCESSES AND SEE THE BATTERED CHILD AS MORE THAN A LEGAL PROBLEM. CHILD ABUSE LAWS THAT RECOGNIZE ABUSIVE CONDUCT AS A PRODUCT OF SOCIAL AND MEDICAL ORIGINS ARE NEEDED. THE COMMUNITY MUST BE TAUGHT TO LOOK ON THE COURT NOT AS A PUNITIVE AGENCY OF LAST RESORT, BUT AS A HELPING AGENCY. SPECIFIC PHASES AND ASPECTS OF THE PROCESSING OF CHILD ABUSE AND NEGLECT CASES--EVALUATIONS PRIOR TO COURT APPEARANCES, WORDING OF PETITIONS, EVIDENCE, PRETRIAL CONFERENCES, TRIAL PROCEDURES, DISPOSITION--CAN BE IMPROVED TO MAKE THE LEGAL PROCESS MORE EFFECTIVE. THE RESOURCES NEEDED TO COMBAT CHILD ABUSE ARE AVAILABLE IN MOST COMMUNITIES. THE FOLLOWING STEPS SHOULD BE TAKEN: INFORM THE PUBLIC ABOUT CHILD ABUSE; COORDINATE THE ACTIVITIES OF THE VARIOUS AGENCIES AND PROFESSIONS (SOCIAL WORKERS, POLICE, COURTS, MEDICAL PERSONNEL, BEHAVIORAL SPECIALISTS, ETC.) WHO DEAL WITH CHILD ABUSE; ENCOURAGE CONCERNED CITIZENS TO PROVIDE FOSTER CARE FOR ABUSED OR NEGLECTED CHILDREN; DEVELOP THE CAPACITY OF THE COURT TO DEAL EFFECTIVELY WITH CHILD ABUSE/NEGLECT; AND ASSURE THE FINANCIAL SUPPORT NEEDED TO SOLVE THE CHILD ABUSE PROBLEM. (LKM)