NCJ Number
105550
Date Published
1984
Length
5 pages
Annotation
This article reviews changes in child protection laws over the last 20 years and suggests further legal reforms.
Abstract
Shortly following researchers' identification of the 'battered child syndrome' in 1962, State mandatory child abuse reporting laws first appeared and were enacted in some form by every State. Although most States have amended their child abuse laws within the past 20 years, many laws still do not clearly or correctly define and limit when the State may intervene in the family. The State should also ensure that appropriate services are available for abused and neglected children and their families. State laws that govern the judicial procedures used in child abuse and neglect cases should also be reexamined to reduce appellate reversals in such cases. Public and private social service and health care agencies generally lack adequate legal consultation on the handling of child abuse and neglect cases. Demonstration projects should test various ways of remedying this deficiency. There is a clear need for clinical and continuing legal education programs that focus on child welfare issues. Other improvements needed in the legal area are judicial training in the practical aspects of handling child abuse and neglect cases, the consolidation of all intrafamily conflict cases in one specialized court system, and mandatory independent legal representation for children in child abuse and neglect cases. The legal profession should become more involved in community interdisciplinary councils and other local activities related to child abuse and neglect.