Legislative and Regulatory Policy Issues Related to Child Maltreatment Fatality Cases

• NCJ Number: 114370
• Author(s): H A Davidson
• Date Published: 1987
• Length: 8 pages
• Publication Format: Document
• Publication Type: Issue Overview
• Language: English
• Country: United States of America
• Note: Presented at the 1987 Conference on Child Maltreatment Fatalities

Annotation

This overview of laws and regulations pertaining to child deaths from abuse or maltreatment addresses mandatory reporting laws, responding to child fatality reports, protection of surviving siblings, confidentiality issues, and prevention.

Abstract

A survey of mandatory reporting covers State laws on designated reporters, sanctions for failing to report, and what agency receives such reports. The paper emphasizes that a prompt, time-limited response to a child death report is critical and reviews laws governing responses by the coroner, law enforcement, and child protection agencies. Examples of States which mandate a team response to such cases are detailed. Recommended actions to protect surviving siblings range from removal from the home to counseling. The author notes that laws governing involuntary termination of parental rights and forcible protective intervention need to be clarified. Other issues addressed include overcoming legal barriers to ready access to child protective service records by coroners and public health officials, criminal laws, hospital protocols, and policies regarding the completion of death certificates. Several prevention initiatives are described.