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NCJ Number: 51373 Find in a Library
Title: GUIDE TO NEW YORK'S CHILD PROTECTION SYSTEM
Author(s): ANON
Corporate Author: Emory University
Carter Ctr
United States of America
Date Published: 1974
Page Count: 48
Sponsoring Agency: Emory University
Atlanta, GA 30307
National Institute of Justice/
Rockville, MD 20849
Publication Number: LEGISLATIVE DOC 1974 NO 27
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United States of America
Annotation: THIS LEGISLATIVE DOCUMENT DISCUSSES THE LEGAL ASPECTS OF THE PROBLEM OF CHILD ABUSE GENERALLY AND THE NEW YORK CHILD PROTECTIVE SERVICES ACT OF 1973 SPECIFICALLY.
Abstract: THERE ARE MANY PROBLEMS ASSOCIATED WITH ATTEMPTING TO TREAT THE PROBLEM OF CHILD ABUSE AND MALTREATMENT THROUGH THE CRIMINAL JUSTICE SYSTEM. BECAUSE SO LITTLE IS KNOWN ABOUT HOW TO PREVENT CHILD ABUSE, THE APPROACH OF THE LAW IS ON AN AFTER-THE-FACT BASIS RATHER THAN ON A PRIMARY, PREVENTIVE LEVEL. ALTHOUGH CHILD ABUSE IS A CRIME, POLICE INVOLVEMENT IS RARE BECAUSE CHILD ABUSE IS PRIMARILY THE RESULT OF SOCIAL AND PSYCHOLOGICAL SICKNESS. ABUSIVE CONDUCT IS OFTEN CONDITIONED BEHAVIOR, AND THERE IS RARELY PREMEDITATION OR ACTUAL INTENT TO SERIOUSLY INJURE THE CHILD. BECAUSE OF THE NATURE OF THE CRIME, IT MUST BE PROVEN GENERALLY ON THE BASIS OF CIRCUMSTANTIAL EVIDENCE, MAKING SUCCESSFUL PROSECUTION DIFFICULT. THE SLOW, CUMBERSOME AND HARSHLY PUNTITIVE PROCEDURES OF THE CRIMINAL COURTS ARE OFTEN COUNTERPRODUCTIVE. RESEARCH INDICATES THAT THE PROBLEM CAN BE TREATED MORE EFFECTIVELY THROUGH PSYCHIATRIC CARE, SOCIAL CASEWORK AND OTHER NONPOLICE SERVICES. THE LAWS DEFINE CHILD ABUSE AND MALTREATMENT, PROVIDE FOR MANDATORY AND DISCRETIONARY REPORTING OF INCIDENTS OF SUSPECTED CHILD ABUSE, ESTABLISH PENALTIES FOR FAILURE TO REPORT, IMMUNIZE PERSONS AND INSTITUTIONS FROM ANY CIVIL OR CRIMINAL LIABILITY WHICH MIGHT ARISE FROM THEIR GOOD FAITH REPORTING, AND PROVIDE FOR STATEWIDE AND LOCAL CHILD PROTECTIVE SERVICES. THE RIGHTS OF PARENTS AS WELL AS CHILDREN ARE CONSIDERED, AND IN ANY JUDICIAL PROCEEDING IN THE FAMILY COURT OR THE CRIMINAL COURT, PARENTS ALLEGED TO HAVE ABUSED OR NEGLECTED A CHILD ARE ENTITLED TO COUNSEL. ADDRESSES FOR NEW YORK STATE AND COUNTY INFORMATION AND CHILD PROTECTION SERVICES ARE INCLUDED. (MPK)
Index Term(s): Child abuse; Family courts; Juvenile dependency and neglect; Laws and Statutes; New York; Prosecution; Psychiatric services
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51373

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