NCJ Number
53707
Journal
San Diego Law Review Volume: 8 Issue: 2 Dated: (MARCH 1971) Pages: 364-403
Date Published
1971
Length
40 pages
Annotation
THE LEGAL FRAMEWORK FOR IDENTIFYING BATTERED CHILDREN IS INVESTIGATED, WITH PARTICULAR EMPHASIS ON THEORIES OF REGULATION, CRIMINAL LAW, JUVENILE COURT ACTS, REPORTING STATUTES, PROTECTIVE AGENCIES, AND REFORM.
Abstract
THE MAIN PROBLEM IN DEFINING AND IDENTIFYING THE ABUSED CHILD IS THAT THERE ARE A NUMBER OF WAYS TO ABUSE CHILDREN, AND THE IMPORTANCE OF ABUSE MAY DEPEND PARTLY ON THE EXTENT OR SEVERITY OF ABUSE. THE AMERICAN MEDICAL ASSOCIATION FEELS THAT, REGARDLESS OF THE OPTIMAL POSITION PHYSICIANS AND OTHER MEDICAL PRACTITIONERS MAY HOLD FOR THE IDENTIFICATION OF CHILD ABUSE SITUATIONS, THE LEGAL DUTY TO REPORT SUCH SITUATIONS SHOULD NOT FALL EXCLUSIVELY ON MEDICAL PERSONNEL BUT ALSO EQUALLY ON OTHER MEMBERS OF THE COMMUNITY. THE INCIDENCE OF THE BATTERED CHILD PROBLEM IS SOMEWHAT INDICATIVE OF THE SIGNIFICANCE OF THE PROBLEM. RACE, CULTURAL BACKGROUND, AND RELIGION HAVE NOT BEEN FOUND TO BE CORRELATED WITH CHILD ABUSE. FAMILIES OF BATTERED CHILDREN TEND TO BE LACKING IN GROUP AND COMMUNITY INTEGRATION AND TO BE IN A STATE OF MARITAL DISCORD. CHILD ABUSERS TEND TO SUFFER FROM EMOTIONAL PRESSURES NOT DIRECTLY RELATED TO THE CHILD. IN AMERICAN SOCIETY, EXTENSION OF THE INTERESTS OF GOVERNMENT HAS NOT BEEN USED AS A DEVICE FOR AGGRANDIZEMENT OF STATES BUT RATHER AS A SHIELD FOR THE PROTECTION OF CHILDREN. CRIMINAL SANCTIONS AGAINST CHILD ABUSE ARE PROBABLY UNNECESSARY, SINCE STATE PENAL CODES COVERING HOMICIDE AND GENERAL ASSAULT AND BATTERY CASES APPLY TO PHYSICAL HARM AGAINST THE CHILD. NEVERTHELESS, OVER 35 STATES HAVE STATUTES COVERING CRUELTY TO CHILDREN. JUVENILE COURTS HAVE JURISDICTION OVER NEGLECTED CHILDREN IN ALMOST EVERY STATE, AND BATTERED CHILDREN FALL WITHIN THE CATEGORY OF NEGLECTED CHILDREN. MANY STATES HAVE CHILD ABUSE REPORTING LAWS. THE RATIONALE BEHIND MODEL STATUTES IS THAT A REPORT OF CHILD ABUSE MUST BE FILED BY A PERSON WHO POSSESSES THE SKILL AND JUDGMENT NECESSARY FOR RECOGNIZING ABUSE. PERSONS MOST APPROPRIATE FOR FULFILLING THIS FUNCTION ARE PHYSICIANS. REPORTING LAWS AND LEGISLATION PERTINENT TO THE USE OF CENTRAL REGISTRIES AND PROTECTIVE AGENCIES ARE REVIEWED. SUGGESTED REFORMS TO THE LEGAL SYSTEM FOR DEALING WITH CHILD ABUSE ARE OFFERED. CASE LAW IS CITED. (DEP)