Child Abuse — The Legal Framework

1977 ◽  
Vol 2 (4) ◽  
pp. 13-18
Author(s):  
Richard Chisolm
Keyword(s):  
Child Abuse ◽  
Legal Framework ◽  
Mandatory Reporting ◽  
Previous Issue ◽  
General Picture ◽  
Pros And Cons ◽  
Reporting Laws

A previous issue of this journal has been devoted to child abuse, and of course there is endless discussion in many places of the pros and cons of mandatory reporting laws. But non-lawyers must find it difficult to see the general picture of the laws relating to child abuse. Here is an attempt to provide one.

scholarly journals Child Abuse And Neglect: Mandatory Reporting and the Legal Profession

2016 ◽  
Vol 2 ◽  
Author(s):  
Vanessa Deverson
Keyword(s):  
Child Abuse ◽  
Child Protection ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Vulnerable Children ◽  
Abuse And Neglect ◽  
Protection Legislation ◽  
Legislative Framework ◽  
Legal Professional ◽  
Reporting Laws

Child abuse and neglect affects approximately 42 500 children in Australia each year. Parliaments in all Australian states and territories have introduced mandatory reporting into child protection legislation to protect vulnerable children by requiring certain individuals to report suspicions of abuse or neglect. However, lawyers are prevented from reporting because of the rules governing legal professional privilege and confidentiality. This article begins by examining the problem of child abuse and neglect in Australia and outlines the current legislative framework of mandatory reporting laws in Part II. Part III discusses the current rules governing lawyers and examines legal professional privilege and the duty of confidentiality. Part IV provides arguments for and against requiring lawyers to report suspected abuse and also considers the lawyer-client relationship and the special position of domestic violence victims. Part V offers recommendations for the proposed legislative reform. This article concludes that lawyers should be required to report child abuse and neglect.

scholarly journals Reversing the 'syndrome of secrecy': Peremptory reporting obligations in cases of child abuse and neglect

2021 ◽  
Author(s):  
Mildred Bekink
Keyword(s):  
Child Abuse ◽  
Law Enforcement ◽  
Child Maltreatment ◽  
South African ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Law Enforcement Agencies ◽  
Abuse And Neglect ◽  
Reporting Laws ◽  
Do So

ABSTRACT Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa's mandatory reporting rules should be amended to better serve their purpose.

scholarly journals Response to Vanessa Deverson On 'Child Abuse And Neglect: Mandatory Reporting And The Legal Profession'

2016 ◽  
Vol 2 ◽  
Author(s):  
David Caruso
Keyword(s):  
Child Abuse ◽  
Legal System ◽  
Child Abuse And Neglect ◽  
Legal Profession ◽  
Northern Territory ◽  
Mandatory Reporting ◽  
Final Part ◽  
Abuse And Neglect ◽  
Reporting Laws

This comment responds to Vanessa Deverson’s article titled ‘Child Abuse and Neglect: Mandatory Reporting and the Legal Profession’ and examines whether it is desirable for lawyers to be required to report child abuse and neglect that may be revealed by their clients. The comment begins by articulating the role of the legal profession, and explains how it differs from other professions. Part I explains that an obligation to report child abuse would fundamentally change the role of the legal profession in defending or asserting the rights, liberties and liabilities of their clients. Part II argues that even if mandatory reporting were to be brought in, it would be unlikely achieve its intended purpose because it would create suspicion towards the legal profession and undermine its role. The final Part discusses current South Australian draft legislation aimed at protecting children and argues that this may be a more appropriate route. The comment concludes that current Northern Territory reporting laws do not belong in a legal system that depends on clients having confidence in their lawyers.

Factors in Sexual Abuse of Children

1986 ◽  
Vol 58 (2) ◽  
pp. 591-597 ◽  
Author(s):  
John M. Curtis
Keyword(s):  
Substance Abuse ◽  
Sexual Abuse ◽  
Child Abuse ◽  
Child Sexual Abuse ◽  
Family Dysfunction ◽  
Mandatory Reporting ◽  
Sources Of Information ◽  
Present Discussion ◽  
Reporting Laws

Despite current attention to ostensibly widespread sexual abuse of children less emphasis has been directed toward identifying factors which might contribute. Accountability of professionals under mandatory reporting laws in many states now requires protection of children against inadvertent or calculated varieties of abuse. The present discussion lists factors such as family dysfunction, psychopathology, substance abuse, social ineptitude, withdrawal, and isolation, history, and psychosocial stresses and crises, which may be used to estimate the likelihood of sexual abuse of children. While determination of physical and mental abuse, neglect, endangerment, and abandonment were not the focus of the present discussion, these varieties of child abuse seem correlated with the conditions under which sexual abuse occurs. Attention to these factors—applied together with clinical intuitions and other relevant sources of information—might help professionals make more accurate assessments from which possible incidents of child sexual abuse might be averted.

The Impact of Mandatory Reporting Legislation on New Zealand Secondary School Students’ Attitudes towards Disclosure of Child Abuse

2015 ◽  
Vol 23 (3) ◽  
pp. 491-528
Author(s):  
Deborah Lawson ◽  
Brian Niven
Keyword(s):  
Child Abuse ◽  
New Zealand ◽  
Secondary School ◽  
Secondary School Students ◽  
Mandatory Reporting ◽  
School Students ◽  
Physically Abused ◽  
Students Attitudes ◽  
Reporting Laws ◽  
The Impact

Few studies have sought the views of children and young people in relation to child abuse reporting laws and policies, including mandatory reporting of child abuse. This study* sought to determine whether mandatory reporting legislation would have an impact on secondary school students’ attitudes towards: (a) disclosing abuse to a teacher or school counsellor; and (b) attending school, if they had been obviously physically abused. A stratified random sample of 466 secondary school students in two New Zealand provinces answered nine questions in response to an in-class written survey. Results indicated that the introduction of mandatory reporting legislation in New Zealand would deter secondary students from disclosing abuse to teachers and school counsellors. Further, the introduction of mandatory reporting laws might deter students from attending school if they had been obviously physically abused.

scholarly journals Reversing the ‘syndrome of secrecy’: Peremptory reporting obligations in cases of child abuse and neglect

2021 ◽  
Author(s):  
Mildred Bekink
Keyword(s):  
Child Abuse ◽  
Law Enforcement ◽  
Child Maltreatment ◽  
South African ◽  
Child Abuse And Neglect ◽  
Mandatory Reporting ◽  
Law Enforcement Agencies ◽  
Abuse And Neglect ◽  
Reporting Laws ◽  
Do So

Mandatory reporting laws are a controversial mechanism that require members of particular occupations to report cases of serious child maltreatment that they encounter in the course of their work to welfare or law enforcement agencies. In April 2019 a video went viral in which a woman filmed her colleague beating toddlers at a crèche in Gauteng. The crèche was closed, and arrests were made, including of the videographer. Given extent of violence and abuse against South African children, this paper investigates whether South African law adequately provides for the liability of those compelled to report child abuse but who fail to do so, why mandated reporters fail to report abuse, and how South Africa’s mandatory reporting rules should be amended to better serve their purpose. 

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