CHILD ABUSE LAWS - PAST, PRESENT, AND FUTURE

• NCJ Number: 52121
• Journal: Journal of Forensic Science Volume: 21 Issue: 1 Dated: (JANUARY 1976) Pages: 71-75
• Author(s): D P WILCOX
• Date Published: 1976
• Length: 5 pages
• Corporate Author: American Soc for Testing and Materials
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: United States of America
• Note: PRESENTED AT THE 27TH ANNUAL MEETING OF THE AMERICAN ACADEMY FOR FORENSIC SCIENCES, CHICAGO (IL), FEB 18-21, 1975

Annotation

THE HISTORY OF CHILD ABUSE, DEVELOPMENTS IN CHILD ABUSE DETECTION, AND TRENDS IN STATE AND FEDERAL CHILD ABUSE LAWS ARE REVIEWED.

Abstract

A CALIFORNIA CASE IN WHICH A FATHER SUCCESSFULLY SUED FOUR PHYSICIANS FOR FAILING TO REPORT ATTACKS THAT RESULTED IN THE PERMANENT DISABILITY OF HIS CHILD IS CITED AS AN ILLUSTRATION OF THE IMPORTANCE OF REPORTING CHILD ABUSE AND OF THE TRAGEDY THAT CAN RESULT IF PROTECTIVE SERVICES ARE NOT PROVIDED TO ABUSED CHILDREN. AN HISTORICAL OVERVIEW OF CHILD ABUSE NOTES THE INCIDENT OF ABUSE THAT SPURRED THE FOUNDING OF THE SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN. DEVELOPMENTS IN MEDICINE THAT LED TO IDENTIFICATION OF THE BATTERED CHILD SYNDROME ARE OUTLINED. REVISIONS IN STATE CHILD ABUSE LAWS SINCE 1970 ARE DISCUSSED, WITH EMPHASIS ON THE EXTENSION OF REPORTING REQUIREMENTS TO PROFESSIONS OTHER THAN MEDICINE. A TREND TOWARD EXPANDING THE DEFINITION OF CHILD ABUSE TO INCLUDE BOTH PHYSICAL ABUSE AND NEGLECT IS NOTED, AS IS A TREND TOWARD REQUIRING THAT CASES OF SUSPECTED ABUSE BE REPORTED TO WELFARE DEPARTMENTS RATHER THAN POLICE DEPARTMENTS. OTHER LEGISLATIVE TRENDS RELATE TO STATUTORY IMMUNITY FOR REPORTERS OF ABUSE, WAIVER OF THE PHYSICIAN-PATIENT CONFIDENTIALITY PRIVILEGE IN CHILD ABUSE MATTERS, CHILD ABUSE REGISTRIES, THE PHYSICIAN'S RIGHT TO HOLD AN ABUSED CHILD AGAINST THE PARENT'S WISHES, AND EXAMINATION AND EMERGENCY TREATMENT OF ABUSED CHILDREN WITHOUT PARENTS' CONSENT. STATE LEGISLATIVE ACTIVITY IS SAID TO REFLECT A DETERMINATION TO PROVIDE WHATEVER LAWS ARE NECESSARY TO IDENTIFY AND PROTECT ALL CHILDREN WHO ARE SUBJECT TO ABUSE OR NEGLECT. THE MAJOR PROVISIONS AND FUNDING CRITERIA OF THE CHILD ABUSE PREVENTION AND TREATMENT ACT ARE OUTLINED. THE DEVELOPMENT OF A NEW MODEL CHILD ABUSE REPORTING LAW UNDER A GRANT FROM THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE TO THE INSTITUTE OF JUDICIAL ADMINISTRATION IS NOTED. PROFESSIONALS ARE URGED TO BE AWARE OF AND ACT UPON THEIR RESPONSIBILITIES IN PROTECTING ABUSED AND NEGLECTED CHILDREN. A LIST OF REFERENCES IS INCLUDED. (LKM)