NCJ Number
55501
Date Published
1977
Length
0 pages
Annotation
PRODUCED FOR ATTORNEYS, THIS FILM DISCUSSES THE ISSUES, BOTH MORAL AND LEGAL, INVOLVED IN DEFENDING ABUSIVE PARENTS OR REPRESENTING THE ABUSED CHILD IN A CHILD ABUSE CASE.
Abstract
THE FILM BEGINS BY SUMMARIZING THE CHARACTERISTICS OF CHILD ABUSE CASES--CHILD ABUSERS ARE LIKELY TO HAVE BEEN ABUSED THEMSELVES WHEN THEY WERE CHILDREN; ISOLATED PARENTS ARE MORE SUSCEPTIBLE TO ABUSING; CHILD ABUSE INCIDENTS USUALLY FOLLOW PERIODS OF PARENTAL STRESS AND ARE OFTEN UNRELATED TO THE CHILD'S BEHAVIOR; AND A CHILD WHO IS DIFFERENT FROM ITS SIBLINGS IN ANY WAY IS MORE LIKELY TO BE A TARGET FOR ABUSE. IN 1972, THE STATE OF KANSAS PASSED A CHILD ABUSE REPORTING LAW REQUIRING PROFESSIONALS (MEDICAL PERSONNEL, TEACHERS, CHILD CARE PERSONNEL, ETC.) TO REPORT CASES OF CHILD ABUSE TO THE STATE SOCIAL REHABILITATION SERVICE. FROM 1972 TO 1975, A TOTAL OF 5,000 CASES WERE REPORTED AND THESE ARE KEPT IN THE STATE'S CENTRAL REGISTRY. THE INCREASED LEGAL RECOGNITION OF THE CHILD ABUSE PROBLEM MEANS MORE INVOLVEMENT BY LAWYERS IN DEFENDING PARENTS ACCUSED OF ABUSIVENESS OR IN REPRESENTING THE ABUSED CHILD. THESE CASES, CAN BE TRIED IN EITHER THE JUVENILE OR CRIMINAL COURT IN KANSAS, BUT ARE MORE LIKELY TO BE TRIED IN THE FORMER. AFTER A CHILD ABUSE COMPLAINT IS FILED, A PRELIMINARY INVESTIGATION AND REPORT IS MADE. KANSAS LAW ALLOWS THE CHILD TO BE REMOVED FROM THE CUSTODY OF THE PARENTS BY PEACE OFFICERS, BUT A HEARING MUST BE HELD WITHIN 48 HOURS. IF PARENTS ARE JUDGED BY THE COURT TO BE UNFIT (A FACTOR WHICH MUST BE MENTIONED IN THE PETITION), THE CHILD CAN BE REMOVED FROM THE HOME PERMANENTLY; OTHERWISE THE CHILD MUST BE RETURNED TO THE PARENTS AFTER THE HEARING. DEFENDING ABUSIVE PARENTS CAN BE A DILEMMA FOR A LAWYER WHO SYMPATHIZES WITH THE CHILD. OPTIONS ARE TO WITHDRAW FROM THE CASE, CONDUCT A LESS THAN ADEQUATE DEFENSE, OR CONDUCT A THOROUGH DEFENSE AND TRY TO OVERCOME DISTASTE FOR THE CRIMINAL EVENT. (DAG)