FAMILY AUTONOMY OR COERCIVE INTERVENTION? AMBIGUITY AND CONFLICT IN THE PROPOSED STANDARDS FOR CHILD ABUSE AND NEGLECT

• NCJ Number: 44235
• Journal: Boston University Law Review Volume: 57 Issue: 4 Dated: (JULY 1977) Pages: 670-706
• Author(s): R BOURNE; E H NEWBERGER
• Date Published: 1977
• Length: 37 pages
• Grant Number(s): OCD-CB-141
• Sponsoring Agency: US Dept of Health, Education, and Welfare
• Corporate Author: Boston University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

STANDARDS FOR COURT INTERVENTION IN CASES OF CHILD ABUSE AND NEGLECT ARE EXAMINED FROM THE PERSPECTIVE OF SERVICE PROVIDERS WHO WORK WITH ABUSED CHILDREN AND THEIR PARENTS.

Abstract

THE INSTITUTE OF JUDICIAL ADMINISTRATION/AMERICAN BAR ASSOCIATION STANDARDS RELATING TO ABUSE AND NEGLECT SUGGEST MODEL SUBSTANTIVE AND PROCEDURAL LAW CONCERNING REPORTING OF CHILD ABUSE, EMERGENCY TEMPORARY CUSTODY OF ENDANGERED CHILDREN, COURT-ORDERED PROVISION OF SERVICES WITHIN THE HOME, REMOVAL OF A CHILD, CRIMINAL PROSECUTION OF PARENTS, AND VOLUNTARY PLACEMENT OF AN ENDANGERED CHILD. THE STANDARDS REFLECT THREE BASIC PRINCIPLES: DEFERENCE TO PARENTAL AUTONOMY; THE PARAMOUNT NATURE OF THE CHILD'S INTEREST WHEN IN CONFLICT WITH THE PARENTS' INTEREST; AND LIMITATIION OF STATE INTERVENTION TO CASES INVOLVING SPECIFIC HARM TO A CHILD. IT IS SUGGESTED THAT, ALTHOUGH THESE PRINCIPLES PROVIDE A SOUND THEORETICAL BASIS FOR A SCHEME OF STATE INTERVENTION, THEIR PRACTICAL APPLICATIONS ARE SOMETIMES UNSATISFACTORY. THE STANDARDS FAIL TO REFLECT THE DIFFERENT DEGREES OF INTRUSION UPON PARENTAL AUTONOMY CAUSED BY THE REPORTING OF CHILD ABUSE AND NEGLECT, COURT-ORDERED PROVISION OF SERVICES IN THE HOME, AND REMOVAL. LEGISLATURES CONSIDERING REFORMS IN CHILD PROTECTION LAWS ARE URGED TO MODIFY THE STANDARDS TO INCREASE THE AVAILABILITY OF LESS INSTRUSIVE MEANS OF STATE INTERVENTION BY EXPANDING THE GROUNDS FOR REPORTING AND FOR COURT-ORDERED PROVISION OF SERVICES TO ENCOMPASS CASES OF NONSERIOUS HARM. THUS TO INCREASE THE AVAILABILITY OF LESS INTRUSIVE MEANS EARLY, LIMITED INTERVENTION CAN MINIMIZE THE INSTANCES IN WHICH A CHILD MUST BE REMOVED FROM HIS PARENTS. SPECIFIC REVISIONS ARE SUGGESTED WITH REGARD TO JURISDICTION TO ORDER SERVICES, JURISDICTION TO ORDER REMOVAL FOR SERIOUS HARM, AND THE REPORTING PROCESS. (AUTHOR ABSTRACT MODIFIED).