FREE ESSAY ON CHILD ABUSE

CHILD ABUSE

Child Abuse Laws
David A. delpezzso
ABSTRACT
Child abuse is a social problem that affects millions of children each year. Not only
does child abuse have multiple societal repercussions, but also individual repercussions
that produce lifelong scars. There are many forms of child abuse; sexual, physical,
verbal, and emotional. Some of the facts presented in this paper will be painful to
absorb. That does not change the fact that these problems must be addressed. It has been
reported that one out of three girls, and one out of seven boys are sexually abused by
the time they reach the age of 18. The most prevalent form of child sexual abuse is now
recognized to be, incest. A study that showed approximately 27% of the women in every
state of the union, and 16% of the men said they had been sexually abused as children. 
Child Abuse Laws
Child abuse. Two words that should never have to be seen side by side. Yet, child abuse
is very much a reality in this world. Unfortunately, to wish otherwise would be the same
as to wish for a perfect world. We must do the best that we can as a society with the
power of laws on our side to help the innocent young victims of child abuse. We have a
responsibility as human beings to do all that we can for these children. Some of us
fulfill this responsibility by promoting awareness, some by donating time, money, or
services, some by getting laws passed, and some by enforcing laws that protect children
from all kinds of abuse.
The purpose of this study was to research child abuse from all angles to try to
understand what we as a society may be doing wrong & also what we may be doing right to
help the young victims of child abuse. To look at all types of studies & compare them &
try to break them down to better understand them. The first things that should be
understood are; the characteristics of the offenders, the types of offenses, & some of
the societal issues that are listed as possible causes of child abuse.
Studies show that the characteristics of sexual abuse offenders are; dependent,
inadequate individuals with early family histories characterized by conflict, disruption,
abandonment, abuse, and exploitation.
In 1997, over 3 million children were reported for child abuse and neglect to child
protective service agencies in the U.S.. These figures have gone up from year to year
approximately 1.7% per year. Since 1985, the rate of child abuse fatalities has increased
by 34%. Of these fatalities, 78% were children under the age of 5. 38% were under one
year of age. The top 6 causes of child abuse listed were: 1. Drug addiction 2. Poverty 3.
A violent society 4. A lack of community ties 5. A family history of violence 6. Lack of
parenting skills. 
METHOD
The information obtained in this research paper was drawn mostly from various internet
web-sites. I read all of the pertinent issues related to this topic. All sides of the
issue were accounted for. For example; stories, facts, & figures as they are told by
adults, the children, law enforcers, law makers, the accused, the falsely accused etc.
This information then had to be sorted out according to what was fact, and what was
opinion. I was looking mostly for law related issues, and I received a lot of other
valuable pieces of information along the way. I pieced the information together in a way
that I felt would make sense to a reader who was trying to get a good general
understanding about child abuse laws. 
LITERATURE REVIEW / CONCLUSIONS AND FINDINGS
One valuable source of information pertained to the American Bar Association Center on
Children and the Law (established in 1978). Its mission was to try to help improve
children's lives through advances in law, justice, knowledge, practice, and public
policy. Its work includes such jobs as; strengthening laws, policies, and judicial
procedures affecting children, and increasing public awareness of law and justice related
to children. The center has also taken on such projects as, removing barriers to the
termination of parental rights and helping courts to improve child protection case
handling practices. They also pledged to work to establish clear standards for attorneys
in the representation of children, parents, and child protection agencies in child abuse
and neglect cases. Also, to persuade legislature to strengthen the representation of
children, parents, and child protection agencies in child abuse and neglect cases. 
According to the ABA Division of Media Relations and Public Affairs, in 1995, 3.1 million
children were reported to child protection agencies as being abused or neglected. That
was double the number reported in 1984. Of the 3.1 million children reported, 996,000
children were confirmed after investigation to be abused or neglected.
A study released in 1996 by the U.S. Dept. of Health and Human Services suggests these
totals are drastically understated. The National Incidence Study of Child Abuse and
Neglect found that 2.8 million children were believed to have been actually abused or
neglected in 1993. In addition, the study found that the number of children nearly
quadrupled between 1986 and 1993. While the number of children reported to be abused or
neglected has increased each year, the number of reports investigated has stayed about
the same for each year. Several sources show (in approximate measures) that the following
types of abuse reported to be broken up in the following way:
The Volunteers for Children Act of 1998 was an amendment to the National Child Protection
Act of 1993. The Volunteers for Children Act was signed into law by President Clinton as
Public Law 105-251. Under this act, organizations and businesses dealing with children,
the elderly, and the disabled would be able to use a national fingerprint based criminal
history check to screen out volunteers and employees with relevant criminal records.
Also under this amendment, if a volunteer or employee of an organization sexually molests
a child in his care and if it can be shown that he/she had been previously convicted of a
relevant crime, the organization may be held liable under the legal theory of negligent
hiring. This act also demands that if a current or potential volunteer or employee has a
relevant criminal history, he or she must be prevented from having unsupervised access to
children, the elderly, or the disabled. Such a person must not be placed in a position
where he or she may easily victimize again.
It is said that an employer has a clear duty to use reasonable care in hiring and
retaining employees who are competent and fit for their positions. The question is then
raised to the definition and scope of reasonable care. What is considered reasonable is
usually determined with each separate case, as the circumstances surrounding each case
will vary. It is said that the liability of the employer will not be based solely on his
or her failure to investigate the criminal history of the applicant, but on the total
circumstances surrounding the hiring. It will have to be determined if the employer
exercised reasonable care in hiring or not. 
Sometimes in determining these types of cases, the court will look at the
sensitive-nature of the position at hand. When an employee is being hired for a sensitive
occupation, it is important that the employer fully investigates that person. A mere lack
of evidence may not be sufficient to discharge the obligation of the employer to exhibit
reasonable care in hiring. 
The principle of reasonable care in hiring also applies to the selection of volunteers,
since the purpose of this rule is to assign responsibility for injuries to third persons.
A notable case out of Virginia deals directly with the issue of liability for the
negligence of a volunteer. In Infant C. v. Boy Scouts of America, Inc. (391 S.E. 2d
322(Va.1990)), a child and his parents sued both the national and local Boy scouts office
for negligently selecting and retaining a volunteer scoutmaster with a criminal record
for sexually assaulting scouts in another state, who allegedly molested the child
plaintiff. The courts inquiry turned on the selection process itself and found that the
evidence supported the jury's determination that the national organization did not
participate in selecting the scoutmaster. Accordingly, the appellate court affirmed that
portion of the jury's verdict dismissing the claim against the national Boy Scouts of
America organization, while it held the local branch liable for $45,000. 
The Child Abuse Prevention and Treatment Act (CAPTA) was also known as the Mondale Act of
1974. The intent of Congress was to provide incentives to the states if they would set up
programs targeting child protection research, identification, prosecution and treatment
regimens. Once the states complied with the provisions outlined under CAPTA, the National
Clearinghouse for Child Abuse and Neglect (NCCAN) allocated matching monies to these same
states. CAPTA is responsible for establishing NCCAN. NCCAN is a primary federal agency
with responsibility assisting states with child abuse prevention, treatment, and
resources. 
CAPTA also provided for the creation of mandated reporting of child abuse and neglect by
social workers, police officers, teachers, doctors, etc., as well as the creation of
anonymous tip hotlines and abuse registries. These registries, or computer database
storage centers, hold accused records for several years - guilty or not, criminally
charged or not. This is one of the main criticisms that opposers have to this act.
Megan's Law stemmed from what was perhaps one of the most well known cases of child abuse
in history. It took effect officially on January 22, 1996. The intent of this law was,
and still is, to allow the public to protect themselves and their children from sexual
predators. This law allows the public to view pictures and information on convicted
sexual offenders. The law also allows police agencies to proactively put out
bulletins/announcements to the public to warn them of certain sexual predators that may
be living or moving into their cities or neighborhoods. 
From this day forward, every offender on parole or probation and every offender sentenced
to parole, probation, local jail and state prison will have to register his whereabouts
with the State. said Governor George Pataki of New York on 1-22-96. For too long,
children have mercilessly died at the hands of vicious child predators- Megan Kanka, Sara
Ann Wood, My Ly Nghiem, and Polly Klass, said Senate Deputy Majority Leader Dean Skelos.
Parents will finally have this crucial information they need to protect their children
from societies sickest individuals. (www.meganslaw) Megan's Law is an effective tool that
parents and law enforcement can use to help prevent future tragedies.
Under the law, an offender is required to register with the states Division of Criminal
Justice Services within 10 calendar days of being released from prison. The offender is
required to verify a home address annually for a period of at least 10 years. An offender
who is determined to be a high-risk offender must also personally verify a home address
with the local police every 90 days. Failure to register is a crime. A first offense is a
Class A misdemeanor, a repeat offense is a class D felony.
The law also provides that an offenders case be reviewed by a Board of Examiners. The
board makes a recommendation to the court as to the offenders' degree of risk of repeat
offense and threat to public safety. Depending upon whether the risk is low, moderate or
high, the offender will receive a Level One, Two or Three designation. The court makes
the final designation as to risk. 
Under the statute, the level of risk determines the amount of information that can be
released to the public. With a Level One designation, the police are notified of the
offenders' presence in the community. A Level Two designation allows the police to
disseminate general information about the offender to the public. A Level Three
designation authorizes the release of specific information about the offender, including
his exact address.
The North Carolina Sex Offender and Public Protection Registry gives law enforcement an
additional tool to help solve violent and brutal crimes. It helps prevent children (and
the public) from becoming victims. The NC registry was established in January 1996 due to
the General Assembly's enactment of Article 27A of Chapter 14 of the North Carolina
General Statutes (NCGS 14-208.5). This law requires a person who is a resident of N.C.
and who has a reportable conviction to maintain registration with the sheriff of the
county where the person resides. If the person moves to North Carolina from outside the
state, the person is required to register within 10 days of establishing residence. 
The following bills are some of those sponsored by a group called Protect Our Children
based out of California in 1998: 
California State Assembly Bills
AB1078 (Cardoza)- This bill will allow schools to post Megan's Law information, and be
exempt from any liability charges. They are in the hopes that with the liability issue
taken care of, that this will encourage schools to get this vital information out to
parents. 
AB2386 (Bordonaro)- This bill will prevent court ordered, forced visitation in cases
where a parent is convicted of first degree murder of the child's other parent. Similar
legislation has already been adopted in other states. It is 
commonly referred to as Lizzies Law. On August 3, 1995, 3-year old Lizzie Thompson
witnessed her father brutally murder her mother in Massachusetts. Her father was
convicted of first degree murder and sentenced to life without parole. He then asked the
courts to force his daughter, Lizzie, against her wishes, to visit him in prison twice a
month and to phone him once a week. This is appalling that a child could be forced into
visits under these circumstances.
There is much to be said about the lasting effects of child abuse. It shouldn't hurt to
be a child, yet children continue to be victimized every day. Statistics show that the
abused child all too often grows up to be an offender. It is so important that we do
everything possible to break this cycle. 
REFERENCES
1. http://www.abanet.org/child/challenge.html
2. http://www.abanet.org/media/factbooks/ch26.html
3. http://www.abanet.org/child/about.html
4. http://redwood.northcoast.com/-dka/deadkids.html
5.
http://www.challenge.stockholm.se/projects/categories/publservdemocracy//info-mega.htm
6. http://sbi.jus.state.nc.us
7. http://www.childsexualabuse.org/act.htm
8. http://www.VOCALNY.org
9. http://www.youthlaw.org
10. http://www.abuse-excuse.com
11. http://freenet.msp.mn.us/people/kaplan/abuseframe.htm
12. http://www.state.ny.us/governor/press/meganslaw.html
13. http://www.childabuse.org
14. http://www.clinicalsocialwork.com/incest.html
15. http://www.abuse-excuse.com/laws.htm#mondale
16. http://members.xoom.com/xoom/ProtectChild/index.html
17. http://web.raex.com/joeclark/falsehtm.
Bibliography
1. http://www.abanet.org/child/challenge.html
2. http://www.abanet.org/media/factbooks/ch26.html
3. http://www.abanet.org/child/about.html
4. http://redwood.northcoast.com/-dka/deadkids.html
5.
http://www.challenge.stockholm.se/projects/categories/publservdemocracy//info-mega.htm
6. http://sbi.jus.state.nc.us
7. http://www.childsexualabuse.org/act.htm
8. http://www.VOCALNY.org
9. http://www.youthlaw.org
10. http://www.abuse-excuse.com
11. http://freenet.msp.mn.us/people/kaplan/abuseframe.htm
12. http://www.state.ny.us/governor/press/meganslaw.html
13. http://www.childabuse.org
14. http://www.clinicalsocialwork.com/incest.html
15. http://www.abuse-excuse.com/laws.htm#mondale
16. http://members.xoom.com/xoom/ProtectChild/index.html
17. http://web.raex.com/joeclark/falsehtm