ENDANGERED CHILD IN THE USA (UNITED STATES OF AMERICA) AND IN ENGLAND - A COMPARATIVE STUDY OF JUVENILE JUSTICE STANDARDS

• NCJ Number: 62903
• Journal: Child Abuse and Neglect Volume: 3 Issue: 3/4 Dated: SPECIAL ISSUE (1979) Pages: 725-731
• Author(s): J G HALL; B H MITCHELL
• Date Published: 1979
• Length: 7 pages
• Corporate Author: Pergamon Press, Inc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

COMPARABLE CIVIL JURISDICTION AND PROCEEDINGS IN JUVENILE COURTS REGARDING CHILD ABUSE AND NEGLECT ARE EXAMINED AND CRITICALLY COMPARED FOR THE UNITED STATES AND ENGLAND.

Abstract

THE DRAFT OF 'STANDARDS RELATING TO ABUSE AND NEGLECT' BY THE AMERICAN INSTITUTE OF JUDICIAL ADMINISTRATION AND THE AMERICAN BAR ASSOCIATION PROVIDES A FRAMEWORK FOR A COMPARISON WITH RELEVANT ENGLISH LAW. THE LAW RELATING TO CHILD ABUSE IN ENGLAND IS NOT CODIFIED IN ONE STATUTE BUT IS FOUND IN A SERIES OF PARLIAMENTARY ENACTMENTS, CULMINATING IN THE CHILDREN AND YOUNG PERSONS ACT 1969 AND THE CHILDREN ACT 1975. THE STATION FRAMEWORK OF THE ENGLISH LAW AND THE STANDARD'S PROPOSALS WITH REGARD TO GROUNDS FOR COURT JURISDICTION ARE SIMILAR. BOTH REQUIRE PROOF OF A SPECIFIC CONDITION AND THE NECESSITY OF A COURT ORDER TO PROTECT THE CHILD IN THE FUTURE. THE MOST STRIKING DIFFERENCE IS THAT THE AMERICAN STANDARD PROVIDES A SPECIFIC DEFINITION OF HARM WHEREAS THE LANGUAGE OF THE ENGLISH STATUTE IS VAGUE. THE STANDARD'S PROPOSALS AND ENGLISH LAW DIFFER MARKEDLY ON THE LENGTH OF TIME A CHILD MAY BE SUBJECT TO TEMPORARY OR INTERIM CARE. ACCORDING TO THE STANDARD, THE COURT MUST MAKE FINAL DISPOSITION OF A CASE WITHIN 28 DAYS; UNDER THE ENGLISH SYSTEM A CHILD CAN BE HELD UP TO 28 DAYS BEFORE THE CHILD OR THE PARENTS CAN BE HEARD. ENGLISH LAW ALSO DIFFERS FROM THE STANDARD IN MAKING NO SPECIAL PROVISIONS FOR INVESTIGATIONS IN CARE PROCEEDINGS AND IN HAVING SIMPLER PROCEDURES FOR FILING A COMPLAINT AND PRESENTING EVIDENCE. ENGLISH LAW FURTHER DIFFERS FROM THE STANDARD IN THE FOLLOWING AREAS: (1) DISPOSITIONS BY THE COURT, WITH THE STANDARD PROVIDING MORE ALTERNATIVES TO REMOVAL FROM THE HOME; (2) PERIODIC REVIEWS BY THE COURT, WITH NO STATUTORY REQUIREMENT OF COURT REVIEW IN ENGLAND; AND (3) TERMINATION OF PARENTAL RIGHTS, WITH THE STANDARD PROPOSING TERMINATION OF PARENTAL RIGHTS AND ENGLISH LAW NOT ALLOWING THE COURT SUCH POWER. REFERENCES ARE PROVIDED. (RCB)