CHILD ABUSE LEGISLATION IN THE 1970'S, REV ED

• NCJ Number: 50028
• Author(s): V DE FRANCIS; C L LUCHT
• Date Published: 1974
• Length: 205 pages
• Corporate Author: American Humane Assoc
• Sale Source: American Humane Assoc
• Language: English
• Country: United States of America

Annotation

FOLLOWING AN OVERVIEW OF THE PHILOSOPHY AND PURPOSE OF CHILD ABUSE REPORTING LAWS AND THE MAIN ISSUES COVERED BY SUCH LEGISLATION, A STATE-BY-STATE SUMMARY OF CHILD ABUSE LAWS IS PROVIDED.

Abstract

THIS REPORT CONSISTS OF AN OVERVIEW OF THE CHILD ABUSE PROBLEM AND THE SOCIAL AND EMOTIONAL FACTORS SURROUNDING CHILD ABUSE CASES, A STATE-BY-STATE COMPARISON OF LEGISLATION, AND A SUMMARY OF STATE LAWS INCLUDING DISCUSSIONS AND RECOMMENDATIONS. THE ANALYSIS OF LEGISLATION COVERS MAJOR CHANGES IN STATE LAWS DURING THE PERIOD 1970-1974. PARTICULAR ATTENTION IS GIVEN TO AGE LIMITS, WHAT IS REPORTABLE, DEFINITIONS OF ABUSE, THE NATURE OF THE REQUIRED REPORT, WHO SHOULD REPORT, ADMINISTRATIVE HANDLING OF REPORTS, IMMUNITY FOR THOSE REPORTING IN GOOD FAITH, WAIVERS, PENALTIES FOR FALSE OR MALICIOUS REPORTS, CENTRAL REGISTRIES, AND SPECIAL CONDITIONS. SIX TABLES COMPARE THE MAJOR ELEMENTS INVOLVED IN CHILD ABUSE LEGISLATION FOR EACH OF THE 50 STATES, THE DISTRICT OF COLUMBIA, GUAM, AND THE VIRGIN ISLANDS. ITEMS COVERED INCLUDE THE PRESENCE OR ABSENCE OF A PURPOSE CLAUSE, AGE LIMITS, THE ACCUSATORY ELEMENTS, MANDATES, IMMUNITIES, PENALTIES, THE INCLUSION OF DEFINITIONS OF ABUSE AND NEGLECT, PROVISIONS FOR A CENTRAL REGISTRY, AND ADMINISTRATIVE HANDLING. OTHER TABLES COMPARE DETAILED ASPECTS OF THE VARIOUS REPORTING STATUTES. A SEPARATE SECTION SUMMARIZES THE MAIN FEATURES OF CHILD ABUSE LEGISLATION IN EACH OF THE 50 STATES, THE DISTRICT OF COLUMBIA, GUAM, AND THE VIRGIN ISLANDS. TRENDS TOWARD MORE INCLUSIVE CHILD ABUSE LAWS, PROBLEMS WHICH ARISE FROM RELIGIOUS EXEMPTION CLAUSES, AND NEEDS FOR FURTHER REFORM ARE EXAMINED. IN RESPONSE TO REQUESTS FOR A MODEL ACT AND FOR SUGGESTED LANGUAGE TO USE IN REVISING CHILD ABUSE REPORTING LAWS, SELECTED PHRASES ARE OFFERED FROM THE 53 LAWS STUDIED IN THE REPORT. THE LANGUAGE WAS CHOSEN AS THAT MOST REPRESENTATIVE OF THE PHILOSOPHY AND PROCEDURES CALCULATED TO PROMOTE THE PROTECTION OF CHILDREN. A BIBLIOGRAPHY IS APPENDED. (GLR)