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CIVIL LIABILITY FOR FAILURE TO REPORT CHILD ABUSE

NCJ Number
61002
Journal
Child Abuse and Neglect, the International Journal Volume: 3 Issue: 2 Dated: SPECIAL ISSUE PART 2 (1979) Pages: 633-641
Author(s)
O R ENDICOTT
Date Published
1979
Length
9 pages
Annotation
THE LEGAL IMPLICATIONS OF A STATUTE MAKING FAILURE TO REPORT CHILD ABUSE CIVILLY LIABLE WHEN THE OMISSION MEANS THAT A CHILD IS RETURNED TO THE ABUSING ENVIRONMENT CIVILLY LIABLE ARE DISCUSSED.
Abstract
MOST OF THE LAWS PROVIDE A PUBLIC REMEDY FOR NONREPORTING. THE QUESTION POSED IN THIS PAPER IS WHETHER A CHILD WHO SUFFERS FURTHER INJURIES AFTER A PERSON FAILED TO TAKE THE NECESSARY ACTION TO HAVE HIM REMOVED FROM THAT DANGER, HAS A PRIVATE REMEDY IN NEGLIGENCE AGAINST THAT PERSON FOR THE DAMAGES ARISING OUT OF THE SUBSEQUENT INJURIES. THE PAPER EXAMINES THIS QUESTION IN THE LIGHT OF THE COMMON LAW AND THE EXISTING STATUTE LAW, POSSIBLE BREACH OF A PENAL STATUTE BY THE DEFENDANT, THE QUESTION OF LEGISLATIVE INTENT, AND THE PROBLEMS OF PROOF OF LIABILITY AND CAUSATION. MANY UNCERTAINTIES INVOLVED IN THE PAPER ALSO SUGGEST THAT IT WOULD BE VALUABLE TO HAVE A STATUTE WHICH EXPRESSES AS CLEARLY AS POSSIBLE WHAT THE CIVIL CONSEQUENCES ARE OF THE BREACH OF A PENAL CLAUSE REQUIRING CERTAIN GROUPS OF PEOPLE TO REPORT ACTUAL OR SUSPECTED CHILD ABUSE. WHILE A CIVIL REMEDY IN BEHALF OF INJURED CHILDREN IS NOT LIKELY IN ITSELF TO REMOVE THE DANGER OF CHILD ABUSE, IT CAN, ALONG WITH MORE EFFECTIVE MEDICAL, SOCIAL, AND LEGAL INTERVENTION, CONTRIBUTE TO A SIGNIFICANT AMELIORATION OF THE PROBLEM. REFERENCES ARE PROVIDED. (MJW)