NCJ Number
17866
Journal
Valparaiso University Law Review Volume: 9 Issue: 1 Dated: (FALL 1974) Pages: 89-133
Date Published
1974
Length
45 pages
Annotation
THIS NOTE EVALUATES FOUR WAYS IN WHICH INDIANA LAW SEEKS TO PROTECT THE ABUSED CHILD, AND SUGGESTS REVISION AND CONSOLIDATION OF THE EXISTING LAW INTO A BROAD CHILD PROTECTION ARTICLE.
Abstract
INDIANA PROVIDES STATUTORY PROTECTION FOR THE ABUSED CHILD PRIMARILY IN FOUR WAYS: 1) A LAW REQUIRING ALL PERSONS TO REPORT SUSPECTED INCIDENTS OF CHILD ABUSE TO PUBLIC AUTHORITIES; 2) PROVISIONS IN THE CRIMINAL LAW DESIGNED TO PUNISH THE PERPETRATOR OF THE ABUSE; 3) JUVENILE LAW PROVISIONS ALLOWING ABUSED CHILDREN TO BE PLACED UNDER PROTECTIVE SUPERVISION OR REMOVED FROM THEIR HOME; AND 4) AUTHORIZATION OF A PROGRAM OF CHILD WELFARE SERVICES FOR DEPENDENT AND NEGLECTED CHILDREN THROUGH EACH COUNTY DEPARTMENT OF PUBLIC WELFARE. PROVISIONS OF THESE STATUTES AND THEIR EFFECTIVENESS IN DEALING WITH THE CHILD ABUSE PROBLEM ARE DISCUSSED. ALTHOUGH IT IS CONCLUDED THAT INDIANA HAS THE BASIC STATUTORY FRAMEWORK NECESSARY FOR PROTECTING THE ABUSED CHILD, SEVERAL REVISIONS ARE SUGGESTED. AMONG THESE ARE CREATION OF A BROAD CHILD PROTECTION ARTICLE WHICH WOULD INCLUDE AN ENLARGED MANDATORY REPORTING LAW, A CONSOLIDATED SECTION ON DEPENDENT AND NEGLECTED CHILDREN, A SINGLE DEFINITION OF NEGLECT AND STATUTORY PRESUMPTIONS OF PRIOR ABUSE AS EVIDENCE OF AN ABUSIVE ENVIRONMENT AND THE CHILD'S CONDITION AS PRIMA FACIE EVIDENCE OF ABUSE OR NEGLECT. (AUTHOR ABSTRACT MODIFIED)