REAPPRAISAL OF NEW YORK'S CHILD ABUSE LAW - HOW FAR HAVE WE COME?

• NCJ Number: 54053
• Journal: Columbia Journal of Law and Social Problems Volume: 13 Issue: 1 Dated: (1977) Pages: 91-135
• Author(s): D A SCHWARTZ
• Date Published: 1977
• Length: 45 pages
• Corporate Author: Columbia University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE IMPLEMENTATION OF NEW YORK'S CHILD ABUSE REPORTING STATUTE, THE ROLE OF THE FAMILY COURT SYSTEM IN HANDLING CHILD ABUSE CASES, AND THE ROLE OF MEDICAL PERSONNEL AND SOCIAL WORKERS IN CHILD ABUSE CASES ARE CRITICIZED.

Abstract

THE BACKGROUND PORTION OF THIS DISCUSSION REVIEWS THE CHARACTERISTICS OF ABUSING PARENTS, THE EVENTS WHICH SEEM TO TRIGGER ABUSE, THE CHARACTERISTICS OF CHILDREN WHO SUFFER FROM ABUSE, AND SOURCES OF REPORTING OF ABUSE. THE RELUCTANCE OF PHYSICIANS TO FILE CHILD ABUSE REPORTS IS EXAMINED AND POSSIBLE REASONS ARE DISCUSSED. THE RATIONALE BEHIND CHILD ABUSE REPORTING STATUTES IN GENERAL IS GIVEN, AND THE HISTORY OF MANDATORY REPORTING IN THE STATE OF NEW YORK IS TRACED. IT IS CALLED A WELCOME SIGN THAT THE NUMBER OF REPORTS INCREASES ANNUALLY, REACHING 36,666 REPORTED CASES INVOLVING 72,195 CHILDREN IN 1975. EACH SECTION OF THE MANDATORY REPORTING STATUTE IS REVIEWED, WHILE FOOTNOTES GIVE ADDITIONAL DISCUSSION AND CITE JUDICIAL DECISIONS WHICH HAVE AMPLIFIED OR UPHELD VARIOUS PORTIONS OF THE LAW. PROVISIONS OF THE FAMILY COURT ACT RELATING TO CHILD ABUSE CASES ARE THEN SUMMARIZED AND THE IMPLEMENTATION OF THIS RESPONSIBILITY IS SURVEYED. IT IS CONCLUDED THAT THE FAMILY COURT IS SURROUNDED BY CONTROVERSY BECAUSE OF CONFLICTING EXPECTATIONS. THOSE WHO FEEL THE CHILD SHOULD BE REMOVED FROM THE ABUSING PARENTS ARE DISSATISFIED BECAUSE SO MANY CHILDREN ARE RETURNED HOME. THOSE WHO FAVOR LEAVING THE CHILD IN THE HOME WHILE WORKING WITH THE PARENTS ARE DISPLEASED WITH THE LARGE NUMBER OF FOSTER HOME PLACEMENTS. THE ARTICLE THEN REVIEWS THE QUEENSBORO SOCIETY REPORT, WHICH EXAMINED BOTH FAMILY COURTS AND LOCAL CHILD PROTECTIVE SERVICES. IT IS CONCLUDED THAT STATE LAW SETS UP AN EXCELLENT SYSTEM TO HANDLE CHILD ABUSE CASES BUT THAT UNDERSTAFFING, POOR COORDINATION, AND LACK OF REPORTING BY PHYSICIANS ALL HINDER IMPLEMENTATION. A TOTAL OF 343 FOOTNOTES ARE APPENDED. (GLR)