Throughout history, the government has been in charge of creating and regulating different types of laws. Many of the laws have been created to protect those who reside in that country and therefore are expected to be followed. However, not everyone believes that they should follow the law and in return decide to either ignore them or rebel against them. When members of society violate the simple law that has been set in place to protect those who do not possess the capability to protect themselves, it becomes a dangerous and horrendous tragedy. One of the most horrific laws that people violate is that of child abuse and neglect.
In 1974, the United States Congress passed an act that would provide the necessary laws and regulations that would protect those who have become victims of child abuse and neglect. According to this policy was meant to: “provide financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect” (CAPTA of 1974 P.L. 93-247). This law became known as Child Abuse Prevention and Treatment Act. The Child Abuse Prevention and Treatment Act was first amended in 1974 and became known as CAPTA. However, over the years CAPTA has been amended several times. When CAPTA was amended on June 25, 2003 it became part of the Keeping Children and Families Safe Act of 2003. The most recent amendment of the law was on December 1, 2010 (Public Law 108-36) (About CAPTA: A Legislative History). By definition, which was established in 1974, CAPTA is defined as “the physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of eighteen by a person who is responsible for the child’s welfare under circumstances which indicate tha...
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...t at the same time they are different so they should be treated like they were the very first case so that it is not compared to previous cases.
Works Cited
https://www.childwelfare.gov/systemwide/laws_policies/federal/index.cfm?event=federalLegislation.viewLegis&id=2 http://www.hslda.org/docs/news/201112150.asp http://www.opencongress.org/bill/s3817-111/comments http://www.law.cornell.edu/uscode/text/42/chapter-67/subchapter-VI http://www.acf.hhs.gov/programs/cb/resource/capta2010
U.S Department of Health and Human Services Children’s Bureau. About CAPTA: A Legislative History
U.S Department of Health and Human Services, Children’s Bureau. The Child Abuse Prevention and Treatment Act: As amended by P.L 111-320 The CAPTA Reauthorization Act of 2010.
Swan, Rita. 2010. “Equal rights for children under the law” Children’s Healthcare Is a Legal Duty, Inc
The Adam Walsh Child Protection and Safety Act of 2006 was established because an American boy was abducted form a Florida shopping mall and was later found murdered. The act was signed into law by George W. Bush on July 27, 2006. This act is established to protect children from sexual exploitation and violent crime to prevent child abuse and child pornography to promote internet safety. This act is also known as the sex offender registration and notification act. It was established with the intention to strengthen laws related to child sexual predators. This law was instructed for each state and/or territory to apply criteria’s for posting offenders data on the internet.
CAPTA focuses on the issue of child abuse and neglect within the U.S. CAPTA was one of the first major federal policies put into effect to address the issue of child abuse and neglect in the U.S. Prior to the development of this act, information is very limited on how child abuse really affected the children in the U.S. Within the first year of CAPTA 60,000 reports of child abuse and neglect were made and within a few years, these numbers had made a large jump to over a million reports in 1980. In 1990, 2 million reports were made, and in 2000, reports were somewhere around 3 million (CAPTA Reauthorization, 2016). In 2005 alone out of every 1000 children 12 children from birth to 18 had experienced some abuse and neglect. The 2005 report stated that 62.8 percent were cases of neglect, 16.6 percent were cases of physical abuse, 9.3 percent were cases of sexual abuse, 7.1 percent were cases of emotional, 2 percent were cases of medical neglect or abuse, and 14.3 percent were other situations of neglect or abuse. Overall that year 1,460 deaths were reported from child abuse and neglect (Goldman & Salus, 2003). But in 2010, 698,000 reports were confirmed of abuse and neglect, which is a dramatic decrease due to the policies
In this essay, I refer to the words Power and Duty. The word power in legal terms is the ability to do or act, which implies a choice. Duty is an obligation; something that law binds me to do. This essay is written in answer to a case study, which examines a situation, which focuses on the Children Act of 1989. This act was composed to protect the welfare of all children, whatever their circumstances and backgrounds.
This essay will first address the statute used and interpretation of the threshold test by the courts, and then focus on cases involving vulnerable children to assess whether the statute in The Children Act 1989 is sufficient in protecting these children from harm. I will look at the argument in favour of the current approach taken by the courts, and the counter-argument in favour of changing the current approach. The arguments are delicately balanced and the law is always developing, so it will be interesting to see how the Supreme Court resolves this issue in future.
The Office of Child Abuse Prevention. (2011). Child Abuse and Prevention Treatment Act (CAPTA). California Department of Social Services.
The controversial issue of whether or not Child Protective Services are doing their jobs properly, has grabbed nationwide attention. Child Protective Services is the name of a government agency in many states of the United States whose mission is to respond to reports of child abuse and neglect. Some of these cases may include physical abuse, sexual abuse, and mental abuse (Wikipedia). The child welfare system is corrupted. The parents and guardians who are accused of abuse are automatically labeled as guilty and will have to prove their innocence; instead of being innocent until proven guilty.
Each year, there are thousands of children that are misplaced from their families and are seeking a permanent living placement. Their permanent placement may be found with family members or friends, or even through a private adoption. There are federal laws and state mandates that are implemented to ensure that the best interests of all children involved in an adoption or placement proceedings are heard. The best interests and needs of a child may include educational needs, medical needs, housing/placement preferences, or finding a family that reflects the ethnic and cultural heritage of the child in question. One federal mandate ensures that the heritage and familial background of children is protected and the best interests of the children are served. The Indian Child Welfare Act (ICWA) of 1978 is a federal law that seeks to keep Indian-American children with Indian-American families. This law was created in response to an overwhelming population of Indian-American children being displaced from their families. This law was created to protect youth and help keep Indian-American children with their native tribes. In this paper, we explore the historical factors leading to the implementation of the Indian Child Welfare Act and the purpose of this Act. Further, we explore the development of this law, implementation of this federal law, and the contemporary debates that relate to the implementation of this law.
“Simply having children does not make mothers,” said john A. Shedd (“John”). When it comes to child maltreatment this is especially true, if a parent does not know how to take care of a child, they can abuse or neglect their child. The definition that the Centers for disease Control and Prevention uses is, “Any act or series of acts of commission or omission by a parent or any other caregiver that results in harm, potential for harm, or threat of harm to a child.” Maltreatment can be split into two umbrella categories, acts of omission or acts of commission. Acts of omission are most commonly known as neglect, and can include not meeting the child’s physical, emotional, educational, or medical needs. An act of commission is most commonly physical abuse, but can also extend to the psychological or sexual abuse of a child (“Child Maltreatment”). Child maltreatment is a problem worldwide; the only way to stop it is to give parents a better understanding of the issue.
Child Protective Services For 30 years, advocates, program administrators, and politicians have joined forces to encourage even more reports of suspected child abuse and neglect. Their efforts have been successful, with about three million cases of suspected child abuse having been reported in 1993. Large numbers of endangered children still go unreported, but a serious problem has developed: Upon investigation, as many as 65 percent of the reports now being made are determined to be "unsubstantiated", raising serious civil liberties concerns and placing a huge burden on investigative staff. Unreported Cases Most experts agree that reports have increased over the past 30 years because professionals have become more likely to report apparently abusive and neglectful situations. But the question remains: How many more cases still go unreported?
Many children suffer at the hands of adults - often their own parents. They are beaten, kicked, thrown into walls, and burned with cigarettes. They have their heads held under the water of toilet bowls, are scalded by hot water or they are forced to stand in freezing showers until they pass out. A child could be stuffed into running washing machines or sexually molested, suffer from neglect in the forms of starvation and lack of medical attention, and still go unnoticed by outsiders. In fact, it is estimated that about five children die every day in the U.S. from some form of child abuse. It is a sickening practice that has no set standard of rules to finish off the persisting problem. Different states have different methods and agencies to help prevent abuse in the home, some work quite well while others bomb - a dangerous gamble when it comes to the life or mental state of a child.
All the benefits provided by CAPTA are important, but one highly important benefit CAPTA provides for infants and children is that all allegations of child abuse and neglect must be investigated to ensure the well-being and safety of every infant and child. After allegations of child abuse and neglect are reported an investigation is the next step in protecting every child. Another benefit of CAPTA for infants and children is that if the heart wrenching experience of child abuse or neglect occur the state CPS systems and private organizations are trained and prepared to provide treatment for the child. In a like manner, CAPTA provides benefits for women and families by providing support and services that address domestic violence. CAPTA also promotes family involvement in all aspects of a CPS case involving child abuse and neglect. The states benefit by the foundation that CAPTA sets regarding the functioning of CPS systems and in a financial aspect. CAPTA provides funding to “Support child abuse and prevention activities by funding discretionary grants to states and/or public or private agencies or organizations” (California Department of Child Services, 2011). Everyone benefits when CPS systems according to CAPTA policies, “The act’s sponsors meant to feature three important themes of CPS reform in these amendments, including encouraging the involvement of family members in a child welfare agency’s decisions process; promoting and enhancing COS collaboration with domestic violence services and substance abuse treatment programs, and increasing the use of differential response by states through the use of noninvestigative/nonaccusatory approach to responding to reports of child maltreatment” (American Bar Association,
Child abuse is a serious crime, that if violated can come with many consequences, and rules. Reporting child abuse is a mandatory law enacted in 1978 (but amended many times) stating that people must report child abuse immediately1. This law was created to identify children that are victims of child abuse. Relating to the law the Department of Human Services has responsibility to access and investigate suspected child abuse. "Each year Department of Human Services investigators conduct 20,000 investigations involving 30,000 children (in the state of California).2" There are a lot of cases reported each year, involving innocent children, abused by their parents. Although there are thousands of cases reported each year, thousands go unreported. "Child abuse has serious consequences which may remain as indelible pain throughout the victims lifetime3" Child abuse can have permanent negative affects on the child, permanent affects that the child will never forget. The abuse can also bring a better side to the child, making the child wanting to be more independent. Child abuse is very common, and can affect any child of any race, color or religion.
In response to this social issue, the first federal child welfare policy Child Abuse Prevention and Treatment Act (CAPTA) was signed into law by President Nixon in 1974. According to the United Nations Declaration on the Rights of the Child article 19, “all appropriate legislative, administrative, social and educational measure to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child” (Detrick, 1999). CAPTA governs Child Protective Services programs across the country supporting...
Looking at the African Charter on the Rights and Welfare of the Child, the International Covenant on Civil and Political Rights and even the United Nations Study on the Violence against Children it visible that a global movement is taking place to prevent any physical harm from coming to a child, even in the form of chastisement at home.
Child abuse is a very serious problem that continues to happen all over the world. The Federal Child Abuse Prevention and Treatment Act, defines child abuse as a failure to act as a parent or caregiver which results in physical/emotional harm, sexual abuse, and in some cases death. There are many different types of child abuse such as emotional, physical, neglect, and sexual. With each type of abuse there are warning signs you can spot before it is too late. When a child is abused there is a huge possibility that it can cause them to have many long term effects.