Child abuse/neglect Flashcards
What are the key legal principles that are at stake in child maltreatment proceedings?
Family privacy v. parental liberty.
State has an interest in socialization of kids into productive citizens (parens patriae) v. preserving the family.
What are the steps in child maltreatment proceedings?
1) ID of abuse, usually by a professional.
2) After initial reporting and investigation, a petition is filed by a state attorney or case worker/SW which alleges that the child is being abused/neglected. A confidential hearing is held to determine validity of allegation, and how to balance state and family interests.
3) If child found to be abused/neglected, parents can be requires to meet conditions to improve quality of care. May also include termination of parental rights later on in the process.
What are the 3 main perspectives in child maltreatment?
1) Child savers / benevolent
2) Juvenile Justice Standards (Wald) - limits state interventions to situations where serious suffering/harm has occurred. High bar.
3) Higher threshold than 2 (Goldstein), but make it easier to terminate parental rights when that line is crossed.
What did the US Advisory Board on Child Abuse and Neglect find?
in 1990s, they found a shocking incidence of child maltx. States were unable to provide assistnce and tx before the abuse happens, so it called for increased access to non-punitive care. It also emphasized a neighborhood-based child protection strategy.
What is the legal definition of child maltreatment?
Varies from place to place.
- Many states require a finding of “harm” or at least “danger of harm” as a result of intentional infliction of physical injury (abusive act alone is insufficient WTF).
- Some include “excessive corporal punishment.”
- All allow state intervention in cases of neglect, but varies by jurisdiction (e.g., “proper supervision” - vague)
- sexual abuse (people didn’t recognize child s.a. before the 80s)
- Emotional abuse and neglect - most difficult to define. Some states use a broad “mental injury” approach.
Overall, vague, value-laden definitions –> arbitrary application of law.
What did the Juvenile Justice Standards say about the definition of child maltreatment?
- Abuse: The child has suffered or is at substantial risk for imminent non-accidental physical harm. Only covers major disfigurement or injuries, but not minor bruises or black and blue marks, unless there is indication that things will escalate.
- Neglect: Requires finding of serious harm before a child can be said to be neglected. They want to be mindful of the line between neglect and inadequate parental bx.
What clinical condition did JAMA put forth in 1962 that was influential in the ways in which child maltreatment is handled
Battered-child syndrome.
- Recognition of child maltreatment as a clinical issue in addition to what society already recognized.
- States enacted mandatory reporting laws.
- Reported cases skyrocketed, and range of parental bx of concern expanded
- Criminal prosecution increased in the 1980s.
What factors tend to be most significant in child maltreatment?
Social (where you live) and economic poverty.
- Some data to support neighborhood stability, inadequate housing, lack of social interaction with others
- Research is inconclusive on the role of the bad parent, but some found hostility, low empathy, anx, dependency, substance abuse, low self-esteem/self-reproach, displacement of anger.
What does an abuse/neglect “investigation” or assessment aim to address?
1) What happened
2) What can we do about it
These are legal issues.
What was the finding in Maryland v. Craig? What was its significance for MH professionals?
For child witnesses/testimony in child abuse proceedings, the court must find that the child would be traumatized by the presence of the defendant in proceedings (e.g., whether they can be outside the court, whether seeing the abuser will cause more emo distress than mere nervousness or some reluctance to testify). Necessity needs to be determined on a case by case basis.
Craig led to MH providers to determine whether there is a necessity for special procedures to protect particular child witnesses as well as assess competency to testify. Nontestimonial hearsay can be admissible (e.g., what the kid said to doctrs and nurses).
What is the criteria for competency to testify?
Competent when they have the ability to observe and remember events, and to communicate about them; when they can distinguish fact from fantasy; and when they understand the obligation to tell the truth.
There is a presumption of competence with kids in general and in abuse cases.
What sort of issues to we give testify for in child maltx?
- Statements made to us by a child (nontestimonial statements)
- whether mental injury occurred bc of maltx
- whether abuse or neglect occurred (SCOTUS said we can’t speak to reliability of abuse)
- Characteristics of maltx kids (research sucks, and we have no way of doing an actuarial estimate based on a constellation of factors)
- Characteristics of child-abusing adults (tenuous here as well)
We are most helpful by focusing assessments with aim of preventing further maltx and mitigation of psych harm that already occurred.
Do some states allow for termination of parental rights bc of a parent’s mental disability?
Yes. It has been criticized for due process. So some states then try to tie the SMI to their childrearing practices. However, research does not support presence of SMI with poor child adjustment.
What are common factors in child abuse cases?
Parent with ID (associated with and confounded by low SES). Many have mild ID and still fx with job, live independently.
- Alcohol abuse (esp in child sexual abuse). Don’t assume ETOH abuse = unfit parent or poor socialization in child.
- Drugs. Don’t make a big leap about fitness, but be mindful that impaired judgment could contribute to poor supervision or those involved in manufacturing drugs are subjecting kids to toxins or risk of accidents
What is Kayla’s Law in Florida?
a 6yo was killed by dad after 4 calls were made to CPS. It made violence in the household a factor for the expediency of making determinations to act.
IPV + child maltx situations are complex.
