LEGAL RESEARCH ON CHILD ABUSE AND NEGLECT - PAST AND FUTURE

• NCJ Number: 56282
• Journal: Family Law Quarterly Volume: 11 Issue: 2 Dated: (SUMMER 1977) Pages: 151-184
• Author(s): S N KATZ; L AMBROSINO; M MCGRATH; K SAWITSKY
• Date Published: 1977
• Length: 34 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: ARTICLE BASED ON A STUDY 'CHAPTER 3 - FOUR PERSPECTIVES' PREPARED FOR THE NATIONAL CENTER ON CHILD ABUSE AND NEGLECT

Annotation

THIS REVIEW OF CHILD ABUSE LAWS INDICATES THE NEED TO SYNTHESIZE THE THEORIES WHICH FAVOR MORE JUDICIAL INTERVENTION AND THOSE WHICH ADVOCATE LESS INTO MORE EFFECTIVE AND ENFORCEABLE LAWS.

Abstract

ALTHOUGH THE PROBLEMS OF CHILD ABUSE AND CHILD NEGLECT HAVE BEEN OF GREAT CONCERN TO LEGAL SCHOLARS, THE STATUTORY RESPONSE TO ABUSE AND NEGLECT HAS BEEN INCONCLUSIVE. A NOTICEABLE SHIFT HAS OCCURRED, HOWEVER, IN THE EMPHASIS OF THE STATUTES, FROM THE ORIGINAL DESIRE TO PUNISH OFFENDERS TO THE LEGISLATIVE ATTEMPTS TO MAKE PARENTS RESPONSIBLE FOR THE ACTS OF THEIR CHILDREN. THE SURVEY OF THE LAWS OF THE 50 STATES AND THE DISTRICT OF COLUMBIA INDICATES THE PRESENCE OF STATUTES WHICH REFLECT BOTH THE OLD AND THE NEW THEORIES. EVERY STATE HAS THE AUTHORITY TO PUNISH PARENTS FOR MURDER OR ASSAULT BY THEIR CHILDREN, BUT CRIMINAL PROSECUTION OF PARENTS IS QUITE RARE BECAUSE OF THE CONFLICTING RECOGNITION OF THE PARENT'S PRIVILEGE OF DISCIPLINING HIS OR HER CHILD. ALL STATES ALSO HAVE LAWS WHICH REQUIRE THE REPORTING OF SUSPECTED ABUSE, ALTHOUGH STUDIES INDICATE PUBLIC IGNORANCE OF SUCH LAWS, AND A LACK OF CLARITY IN THE DELEGATION OF RESPONSIBILITY FOR INVESTIGATIONS. STUDIES WHICH HAVE FOCUSED ON THE EFFECTIVENESS OF THE SOCIAL SERVICES LAWS REVEAL THAT STATE AGENCIES ARE UNABLE TO COPE WITH THEIR WORKLOAD. DISCUSSION OF STATE REPORTING SYSTEMS AND REGISTRIES INDICATES A DILEMMA IN THE BALANCING OF THE PARENT'S RIGHT TO KEEP REPORTED DATA PRIVATE, AND THE NECESSITY FOR ACCESS TO THE INFORMATION BY OFFICIALS. ADDITIONAL PROBLEMS IN THE EFFECTIVE APPLICATION OF THE LAWS COME FROM THE LACK OF OBJECTIVE DEFINITIONS OF THE TERMS ABUSE AND NEGLECT, AND FROM THE VAGUENESS OF THE STATUTES. GENERALLY, THE BROAD SCOPE OF THE STATUTES, AND THE INTRUSIVE NATURE OF THE REPORTING SYSTEMS HAVE BEEN UPHELD BY THE COURTS BECAUSE OF LEGITIMATE STATE INTEREST IN THE PROTECTION OF THE CHILD. ADDITIONAL DISCUSSION CONCERNS THE JURISDICTION OF THE JUVENILE COURTS, AND THE RIGHTS OF THE PARENTS AND THE CHILDREN. FOOTNOTES ARE PROVIDED. (TWK)