NCJ Number
57363
Date Published
1978
Length
0 pages
Annotation
PRINCIPLES RELATING TO JUDICIAL INTERVENTION AND AGENCY ACTION IN THE WELFARE OF CHILDREN ARE REVIEWED, AND SHORTCOMINGS IN THE LAWS ARE NOTED IN THIS AUDIOCASSETTE PROGRAM.
Abstract
BECAUSE OF THE GENERAL ASSUMPTION THAT INTERVENTION ON THE BEHALF OF ABUSED CHILDREN IS BENEFICIAL, THE RESTRAINTS PLACED ON SOCIAL WELFARE AGENCIES HAVE BEEN MINIMAL. INTERVENTION AND REMOVAL DOES NOT NECESSARILY BENEFIT THE CHILD, AND ANY STANDARDS WRITTEN FOR THE AGENCIES SHOULD TAKE INTO ACCOUNT THE NEED OF THE CHILD FOR PROTECTION, AND THE RIGHTS OF THE PARENTS. AN INTERVENTION SYSTEM SHOULD BE BASED ON PARENTAL AUTONOMY, UNLESS THE CHILD IS BEING HARMED. FAMILY LIFE OUGHT TO BE PROMOTED, ALTHOUGH THE NEEDS OF THE CHILD SHOULD PREVAIL IN ANY CRISIS. TOO OFTEN THE SYSTEM HAD CONTRIBUTED TO THE BREAKING UP OF FAMILIES, RATHER THAN THE SPENDING OF SUFFICIENT FUNDS TO MAINTAIN FAMILIES. COERCIVE STATE INTERVENTION SHOULD BE LIMITED TO SPECIFIC HARM SITUATIONS IN WHICH THE CHILD IS IN IMMEDIATE DANGER OR HAS ACTUALLY BEEN HURT, INSTEAD OF PERMITTING INTERVENTION AFTER SUSPICION OF VAGUE, UNDEFINED INDICATIONS OF NEGLECT OR PARENTAL MISBEHAVIOR. THE PROPOSED STANDARDS PERMIT THE COURTS TO OBTAIN JURISDICTION ONLY IF THERE HAS BEEN PHYSICAL HARM TO THE CHILD CAUSED BY THE PARENT, OR HARM DUE TO LIVING CONDITIONS CAUSED BY THE PARENTS, OR IF THERE IS EMOTIONAL DAMAGE THAT THE PARENTS ARE UNWILLING TO TREAT. ADDITIONAL CRITERIA INCLUDE INDICATIONS OF SEXUAL ABUSE OR JUVENILE DELINQUENCY, WITHOUT THE USE OF VAGUE STANDARDS SUCH AS 'IMMORAL CONDITIONS' OR 'UNSUITABLE HOME'. FLEXIBLE TREATMENT PLANS AND CONDITIONS OF SUPERVISION ARE OUTLINED. (TWK)