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Towards an Upstream Model of Child Abuse Legislation in Illinois

NCJ Number
72700
Journal
Loyola University Law Journal Volume: 11 Issue: 2 Dated: (Winter 1980) Pages: 251-275
Author(s)
R T Cozzola
Date Published
1980
Length
25 pages
Annotation
This article examines the strengths and weaknesses of the Illinois Abused and Neglected Child Reportng Act and makes recommendations for improving it.
Abstract
The goals of Child Abuse and Neglect Reporting Act were (1) to protect the best interest of the child, (2) to prevent further harm to children, (3) to stabilize home environment and preserve family life whenever possible, and (4) to report institutional abuse to State wards. The special significance of definitions of 'abused child' and 'neglected child' is emphasized. Since the legislative determination of the persons who are mandated to report child abuse and neglect is central to the statute, the act must list the appropriate personnel and agencies; also, reporting procedures must be described. Regrettably, the act fails to list the Illinois Department of Children and Family Services, an agency which is responsible for investigating abuse; moreover, reporting procedures emphasize an investigative agency rather than a multidisciplinary team of experts. It is recommended that the act be improved by clarifying the definitional section and the key concepts and by incorporating progressive measures used in other States. Also, to ease accomplishment of legislative aims, the act should explicitly mandate that a guardian 'ad litem' be provided for the child at the earliest feasible time; further, the act should establish multidisciplinary child protection teams. Footnotes are provided.

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