NCJ Number
75869
Date Published
1979
Length
41 pages
Annotation
Key elements of the child abuse and neglect statutes of the 50 States, the District of Columbia, American Samoa, Guam, Puerto Rico, and the Virgin Islands that were in effect on January 1, 1979 are surveyed.
Abstract
The purpose of the child protection laws is to increase the reporting of children in peril and to institute more comprehensive services on behalf of those children and their families. This survey shows that trends noted in earlier studies have continued. Most prominent among these is the expansion of the categories of mandated reporters and a broadening of the concept of reportable abuse and neglect. Another trend shows the extension of immunity to reporters and the imposition of criminal and civil sanctions for failure to report. A growing number of States now are directing reports of abuse and neglect to social service agencies and mandating the operation of central registries, with specific requirements for access to records and penalties to ensure confidentiality. Another significant trend in this area is the legislative requirement that a guardian ad litem be appointed by a court to independently represent the best interests of the child in abuse and neglect proceedings. States also have begun through legislation to mandate or encourage the use of multidisciplinary child protection teams. Key elements of the statutes dealing with the reporting of suspected or known cases of abuse and neglect are examined: the purpose of the State reporting laws, reportable circumstances, the definition of abuse and neglect, age limits of children, the required state of mind of the reporter, and who must and may report. Also discussed are immunity for reporting, abrogation of privileges, special exemptions, and the criminal and civil sanctions imposed for failure to report. The role of protective services agencies is discussed, covering reporting procedures, mandated action, investigation of institutional abuse and neglect, a central registry (including problems of confidentiality and access to records and the destruction, sealing, expunction, and amendment of data), and education and training of agency personnel and the public. Elements of judicial proceedings are examined: protective custody, guardian ad litem or legal counsel for the child, legal representation for the parents and agency, and reports as evidence in judical proceedings. Footnotes and 114 references are given. Six tables comparing various State requirements are also provided, and an appendix supplies a compilation of child abuse and neglect statutes by state.