NCJ Number
52406
Journal
University of Michigan Journal of Law Reform Volume: 8 Issue: 2 Dated: (WINTER 1975) Pages: 351-374
Date Published
1975
Length
24 pages
Annotation
COURT JURISDICTION OVER CASES INVOLVING THE EMOTIONAL NEGLECT OF CHILDREN AND THE NEED FOR JUDICIAL COGNIZANCE OF EMOTIONAL NEGLECT AMONG JUVENILES ARE EXPLORED.
Abstract
A PRIMARY FUNCTION OF JUVENILE COURTS IS TO ASSIST IN THE PROTECTION OF CHILDREN FROM ABUSE AND NEGLECT. SOME STATES, INCLUDING MICHIGAN, HAVE EXPANDED JUVENILE COURT JURISDICTION BEYOND TRADITIONAL CONCEPTS OF PHYSICAL NEGLECT TO ENCOMPASS EMOTIONAL NEGLECT. THE RATIONALE FOR JUDICIAL COGNIZANCE OF EMOTIONAL NEGLECT ASSUMES THAT THE CONSEQUENCES TO A CHILD WHO HAS BEEN PSYCHOLOGICALLY AND EMOTIONALLY ABUSED MAY BE AT LEAST AS SERIOUS AS THOSE RESULTING FROM PHYSICAL MISTREATMENT. CENTRAL TO THE CASE FOR JUDICIAL COGNIZANCE OF EMOTIONAL NEGLECT IS THE HOPE THAT DETRIMENTAL FAMILY EMOTIONAL DYNAMICS CAN BE IDENTIFIED AND AMELIORATED BEFORE A CHILD IS PERMANENTLY AFFECTED. CRITERIA FOR COURT INTERVENTION ARE EXHIBITED IN MINIMALLY ACCEPTABLE STANDARDS OF PARENTAL CONDUCT ESTABLISHED IN JUVENILE COURT JURISDICTIONAL PROVISIONS. SUCH PROVISIONS PROVIDE NORMS FOR ACCEPTABLE CHILD-REARING PRACTICES, AND THEIR BASIC GOAL IS THE PREVENTION OF SOCIAL, PHYSICAL, AND PSYCHOLOGICAL DETERIORATION. GENERALLY, COURTS MUST FIND A CAUSAL RELATIONSHIP BETWEEN PARENTAL CONDUCT AND ITS ADVERSE IMPACT IN ORDER TO INTERVENE IN A CASE OF CHILD NEGLECT. SEVERAL APPROACHES TO THE IDENTIFICATION OF EMOTIONAL NEGLECT ARE SUGGESTED IN THE LIMITED LEGAL LITERATURE ON THE SUBJECT. LEGISLATIVE RECOGNITION OF THE EMOTIONAL NEGLECT OF JUVENILES VARIES ACCORDING TO WHETHER IT FOCUSES ON A PARENT'S OWN EMOTIONAL OR MENTAL INCAPACITIES, ON A PARENT'S FAILURE TO MEET A CHILD'S MENTAL OR EMOTIONAL NEEDS, OR ON A GENERAL NOTION OF CHILD EMOTIONAL WELL-BEING. COURT JURISDICTION OVER CASES OF EMOTIONAL NEGLECT CAN BE AN IMPORTANT TOOL TO ADVANCE THE GOALS OF CHILD PROTECTION AND THE CONCEPT OF A MINOR'S LEGAL RIGHT TO AN EMOTIONALLY HEALTHY ENVIRONMENT. CONFLICTING GOALS RELATED TO EARLY INTERVENTION, EFFECTIVE PREVENTION OF HARM, AND PREMATURE INTRUSION OF PRIVACY MUST BE RECONCILED. (DEP)