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Child Abuse Laws Are Difficult To Enforce
When a parent or caretaker acts or fails to act in such a way as to result in exploitation of a child, serious physical or emotional harm, sexual abuse, or death, or when a parent or caretaker places a child in an imminent risk of serious harm, child abuse occurs. Child abuse laws are difficult to enforce even though these laws exist.
Under the common law, the right of a parent, particularly fathers, to mistreat children was protected by laws that deemed children to be the property of their fathers.
It wasn’t until 1870’s that child abuse was even discussed. This was due to an eight year old claiming to have been beaten by her foster parents. An Attorney for the American Society for the Prevention of Cruelty to Animals took interest in this case and took it to court arguing that laws protected animals from cruelty, and as members of the animal kingdom, children should be protected also. In 1874 New York Citizens formed the new Your Society for the Prevention of Cruelty to Children. A law permitting child abuse organizations to report cases of abuse to law enforcement agencies was enacted a year later by New York legislators.
Describing signs and symptoms that can indicate a child has been abused was issued in 1962 in the journal of the American Medical Association. Prompting public awareness and discussion, the article received national attention. Laws requiring teachers, doctors, and other professionals in frequent contact with children to report suspected child abuse to law enforcement officials was enacted. In 1974 the Federal Child Abuse Prevention and Treatment Act was initiated, authorizing federal funding to identify and prevent child abuse.
Without law enforcement, child abuse laws are worthless. Methods of child abuse vary depending on the state statutes. As legal parent and guardians, society presumes that their children will be protected from abuse and contact authorities if their child is abused. Child protective services don’t usually get involved unless the abused is at the hands of a parent or legal guardian. A typical child abuse in some states is whether the child is injured or not, concerning a sexual act performed on a child. Before it is considered illegal, an emotional state of harm is required. |
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This intel was contributed by D. STEVENS
D. STEVENS
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May, 2012
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