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Other Side of Child Neglect Charges: What Happens When There Are No Standard Criteria for Charging a Non-Offending Mother with Neglect?

NCJ Number
217337
Journal
Journal of Child Sexual Abuse Volume: 15 Issue: 4 Dated: 2006 Pages: 111-115
Author(s)
Amy Neustein; Michael Lesher
Date Published
2006
Length
5 pages
Annotation
This article uses two case histories to illustrate the dangers associated with a lack of clear Child Protective Service (CPS) standards for the substantiation of neglect by nonoffending caregivers in child sexual abuse cases.
Abstract
The main argument is that the lack of logical and consistent criteria and standards for charging nonoffending caregivers with neglect in child sexual abuse cases results in miscarriages of justice and further harm to children. The authors argue that the lack of standards for substantiation in child sexual abuse cases have led CPS investigators to rely on their own personal beliefs and biases in making important child protection decisions. The authors recommend that the attorney general in each State should take legal action against local CPS agencies to force the agencies to apply reasonable and consistent criteria in charging nonoffending mothers with neglect for reporting their suspicions of child sexual abuse. While legal action in all 50 States is a rather dramatic response, the authors are unsure that any less drastic action will bring consistency to these cases. Two case histories are presented in which the nonoffending mothers were charged with neglect after reporting suspicion of child sexual abuse to CPS agencies. In both cases, not only was the sexual abuse under-investigated, the children were actually removed from the care of the nonoffending mothers and placed into the custody of their sexually offending fathers. Notes, references