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SHOULD REPORTING BE MANDATORY? (FROM CONCERNING CHILD ABUSE, 1975, BY ALFRED WHITE FRANKLIN - SEE NCJ-26797)

NCJ Number
48969
Author(s)
H BEVAN
Date Published
1975
Length
3 pages
Annotation
THIS ARTICLE IS BASED ON A SPEECH ADDRESSING THE PROBLEMS OF MANDATORY REPORTING OF CHILD ABUSE CASES IN THE UNITED STATES AS A CONSIDERATION IN INSTITUTING MANDATORY REPORTING PROCEDURES IN GREAT BRITAIN.
Abstract
FIVE ISSUES ARE INVOLVED IN ASSESSING THE IMPLEMENTATION OF MANDATORY REPORTING PROCEDURES IN GREAT BRITAIN: (1) WHETHER THERE SHOULD BE A LEGAL DUTY TO REPORT; (2) WHAT THE SCOPE OF THE REPORTING SHOULD BE; (3) ON WHOM THE DUTY TO REPORT SHOULD FALL; (4) HOW THE DUTY TO REPORT MAY BE DISCHARGED; AND (5) WHAT THE OBJECT OF THE REPORTING WOULD BE. THE INTERESTS OF THE CHILD SHOULD BE PARAMOUNT, THE PRIMARY OBJECT OF REPORTING WOULD BE DETECTION OF ABUSE, FOLLOWED BY PROMOTION OF THE INTERESTS OF THE CHILD, REDUCTION OF THE RISK OF REBATTERING, AND SOMETIMES SECURING CONVICTION OF THE BATTERING PARENT. THERE IS MENTION OF THE NEED FOR SANCTIONS FOR FAILURE TO REPORT AND IMMUNITY FROM LEGAL LIABILITY AFTER REPORTING. THE CREATION OF A 'CHILDREN'S GUARDIAN' OFFICE IS RECOMMENDED. THIS GUARDIAN WOULD STAND UP FOR CHILDREN'S RIGHTS AND ATTEMPT TO PROTECT THE CHILD'S INTERESTS. IT IS SUGGESTED THAT THIS GUARDIAN BE A SOCIAL WORKER WITH SOME LEGAL TRAINING. MEDICAL AND LEGAL PROBLEMS ASSOCIATED WITH THE USE OF LOCAL REGISTERS, NOTIFICATION OF AUTHORITIES, AND CONFIDENTIAL DOCTOR AND PATIENT RELATIONS ARE DISCUSSED. (RBS)

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