NCJ Number
58634
Date Published
1978
Length
9 pages
Annotation
AN ANALYSIS OF THREE PROVISIONS OF THE 1975 BRITISH CHILDREN ACT IN RELATION TO CHILD ABUSE IS UNDERTAKEN. THE EFFECT OF RECENT LEGISLATION ON PREDICTION OR PREVENTION OF CHILD ABUSE SHOULD BE NEGLIGIBLE.
Abstract
HOWEVER, THE 1975 ACT SHOULD INCREASE THE ABILITY OF AUTHORITIES TO PREVENT CHILDREN FROM RETURNING TO CONDITIONS IN WHICH THEIR WELFARE WOULD SUFFER AND TO PROVIDE BETTER LEGAL BASES FOR SATISFACTORY PLACEMENT OF CHILDREN. SECTION 56 OF THE ACT PLACES RESTRICTIONS ON THE RIGHTS OF PARENTS TO REMOVE THEIR CHILDREN FROM CARE INSTITUTIONS AFTER THEY HAVE VOLUNTARILY PLACED THE CHILDREN IN SUCH INSTITUTIONS. PARENTS, FOR EXAMPLE, ARE REQUIRED TO NOTIFY LOCAL AUTHORITIES BEFORE THEY REMOVE THEIR CHILDREN. HOWEVER, THE ACT DOES NOT INDICATE A PENALTY FOR UNAUTHORIZED REMOVAL. SECTION 57 CONSOLIDATES AND AMENDS PREVIOUS LEGISLATION RELATING TO THE ASSUMPTION BY LOCAL AUTHORITIES OF THE RIGHTS AND DUTIES OF PARENTS WITH REGARD TO CHILDREN. NEVERTHELESS, THIS SECTION CREATES DIFFICULTIES FOR LOCAL AUTHORITIES TRYING TO REMOVE ABUSED CHILDREN FROM ABUSING PARENTS AND THUS, THE LEGAL FATE OF SUCH CHILDREN CAN BE THROWN INTO DOUBT FOR A LENGTHY PERIOD. SECTION 62 ALLOWS FOR THE APPOINTMENT OF A GUARDIAN AD LITEM TO REPRESENT CHILDREN IN COURT PROCEEDINGS. THIS PROVISION SHOULD INCREASE THE IMPORTANCE OF LAWYERS WORKING AS A PART OF A MULTIDISCIPLINARY TEAM IN RESPONDING TO CHILD ABUSE CASES. FURTHER RESEARCH IS NEEDED ON THE IMPACT THIS ACT HAS HAD ON THE DISCHARGE OF CHILDREN FROM CARE INSTITUTIONS, THE DEGREE OF PROTECTION IT OFFERS CHILDREN, AND ON THE LEGAL RIGHTS OF CHILDREN. NO REFERENCES ARE INCLUDED. (KCP)