NCJ Number
46664
Date Published
Unknown
Length
29 pages
Annotation
THE ELEMENTS OF CHILD ABUSE/NEGLECT REPORTING STATUTES IN EIGHT SOUTHEASTERN STATES ARE SUMMARIZED AND COMPARED WITH AN EXISTING MODEL LAW, AND RECOMMENDATIONS FOR IMPROVING THE MODEL LAW ARE PRESENTED.
Abstract
IN 1963, THE CHILDREN'S BUREAU PUBLISHED 'THE ABUSED CHILD -- PRINCIPLES AND SUGGESTED LANGUAGE FOR LEGISLATION ON REPORTING OF THE PHYSICALLY ABUSED CHILD' ('PRINCIPLES') AS A BASIS ON WHICH STATES COULD MODEL THEIR REPORTING LAWS. THROUGHOUT THIS STUDY, THE STATE REPORTING STATUTES CONSIDERED ARE COMPARED WITH THE MODEL PRESENTED IN 'PRINCIPLES.' THE DEFINING AND RESTRAINING ELEMENTS OF THE STATUTES STUDIED ARE: THE PURPOSE CLAUSE, REPORTABLE AGE LIMITS, NATURE AND CAUSE OF ABUSE, PROVISIONS AND CONDITIONS OF IMMUNITY, ABROGATION OF EVIDENTIARY PRIVILEGES, AND PENALTY FOR ABUSING. THE SECTIONS OF THE STATUTES HAVING TO DO WITH THE IMPLEMENTATION OF REPORTS INCLUDE: MANDATED REPORTERS, CONDITIONS INITIATING REPORTING, RECIPIENTS OF CHILD ABUSE REPORTS, THE TYPE OF REPORT, HOW REPORTS ARE MADE, LEGISLATIVE DIRECTIONS, PENALTY FOR FAILURE TO REPORT, AND RELIGIOUS PROVISIONS. IN TERMS OF THE ELEMENTS CONSIDERED, NONE OF THE STATE STATUTES EXAMINED WAS FOUND TO APPROXIMATE THE ORIGINAL MODEL (IN 'PRINCIPLES') IN ALL OF ITS ELEMENTS, AND SOME STATES DEVIATED SUBSTANTIALLY FROM THE MODEL ON A NUMBER OF SPECIFIC PARTS. WHILE IT IS BELIEVED THAT SOME OF THE DEVIATIONS MAY HAVE A DAMPENING EFFECT ON THE EFFICACY OF THE REPORTING STATUTES, OTHERS ARE CONSIDERED TO HAVE RESULTED IN MORE EFFECTIVE LAWS. IT IS CONCLUDED THAT NO STATUTE IN THE STATES STUDIED CAN BE DEFINED AS A 'MODEL' LAW, ADEQUATE TO REPLACE THE ONE IN 'PRINCIPLES.' THE COMPARATIVE DISCUSSIONS CONTAINED IN THIS PAPER ARE INTENDED TO POINT TOWARD THE FRAMING OF EVEN MORE EFFECTIVE CHILD ABUSE REPORTING STATUTES. (RCB)