Title:

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Arizona.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Author Affiliation: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Administration for Children and Families, Administration on Children, Youth and Families, Children's Bureau; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION, 330 C Street, SW, Washington, DC, 20447, (703) 385-7565, Outside Metropolitan Area: (800) FYI-3366

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Arizona; abandonment; Abuse; Child; Child Abuse; conduct; incest; infant; Legislation; Mandatory Reporter; medical treatment; neglect; Physician; practitioner; Report; Reporter; sexual assault; sexual conduct; treatment

Full Text:
ARIZONA

Ariz. Rev. Stat. Ann. Section 13-3620(A) (West, WESTLAW through 1999
1st Reg. Sess. & 2nd Sp. Sess.)

WHO MUST REPORT

* Physicians, hospital interns or residents, surgeons, dentists,
    osteopaths, chiropractors, podiatrists, county medical examiners,
    nurses, psychologists;
* School personnel, social workers, peace officers, parents,
    counselors, clergymen, priests, or any other person having
    responsibility for the care or treatment of children.

CIRCUMSTANCES

When their observation or examination of any minor discloses reasonable
grounds to believe that a minor is or has been the victim of injury,
sexual abuse, sexual conduct with a minor, sexual assault, molestation,
commercial sexual exploitation of a minor, sexual exploitation of a
minor, incest, child prostitution, death, abuse, physical neglect which
appears to have been inflicted on that minor by other than accidental
means or which is not explained by the available medical history as being
accidental in nature, or denial or deprivation of necessary medical
treatment or surgical care or nourishment with the intent to cause or
allow the death of an infant less than one year of age.

PRIVILEGED COMMUNICATIONS

Ariz. Rev. Stat. Ann. Section 13-3620(A) (West, WESTLAW through 1999 1st
Reg. Sess. & 2nd Sp. Sess.)

A clergyman or priest who has received a confidential communication or a
confession in that person's role as a clergyman or priest in the course
of the discipline enjoined by the church to which the clergyman or priest
belongs may withhold reporting of the communication or confession if the
clergyman or priest determines that it is reasonable and necessary within
the concepts of the religion. This exemption applies only to the
communication or confession and not to the personal observations the
clergyman or priest may otherwise make of the minor.

Ariz. Rev. Stat. Ann. Section 8-805(B)-(C) (West Supp. 1998)

Except as provided in the provision exempting clergymen and priests from
examination as witness,
* The physician-patient privilege;
* Husband-wife privilege; or
* Any privilege except the attorney-client privilege;
* Provided for by professions such as the practice of social work or
    nursing covered by law or a code of ethics regarding
    practitioner-client confidences, both as they relate to the
    competency of the witness and to the exclusion of confidential
    communications, shall not pertain in any civil or criminal litigation
    in which a child's neglect, dependency, abuse or abandonment is in
    issue nor in any judicial proceeding resulting from a report
    submitted pursuant to this article.

In any civil or criminal litigation in which a child's neglect,
dependency, abuse or abandonment is an issue, a clergyman or priest shall
not, without his consent, be examined as a witness concerning any
confession made to him in his role as a clergyman or a priest in the
course of the discipline enjoined by the church to which he belongs.

Document Number: CS-0000056

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Delaware.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Delaware; abandonment; Abuse; Child; Child Abuse; child abuse or neglect; Legislation; Mandatory Reporter; neglect; Physician; Report; Reporter; services

Full Text:
DELAWARE

Del. Code Ann. tit. 16, Section 903 (WESTLAW through 1999 1st Spec.
Sess.)

WHO MUST REPORT

* Physicians; any other persons in the healing arts, including persons
licensed to render services in medicine, osteopathy, or dentistry;
interns; residents; nurses; medical examiners;
* School employees;
* Social workers; psychologists;
* Any other persons.

CIRCUMSTANCES

* When they know or in good faith suspect child abuse or neglect.

PRIVILEGED COMMUNICATIONS

Del. Code Ann. tit. 16, Section 909 (Supp. 1998)

No legally recognized privilege, except that between attorney and client
and that between priest and penitent in a sacramental confession, shall
apply to situations involving known or suspected child abuse, neglect,
exploitation, or abandonment and shall not constitute grounds for failure
to report as required or to give or accept evidence in any judicial
proceeding relating to child abuse or neglect.

Document Number: CS-0000061

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Louisiana.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Louisiana; Abuse or neglect; Abuse; Child; Child Abuse; Children; employment; Health practitioner; Legislation; Mandatory Reporter; neglect; Police officer; practitioner; professional; Report; Reporter; services

Full Text:
LOUISIANA

La. Children's Code Ann. art. 603(13) (West, WESTLAW through 1999 Reg.
Sess.); 610(F) (West Supp. 1999);

La. Children's Code Ann. art. 609(A)(1) (West 1995)

WHO MUST REPORT

Any of the following individuals performing their occupational duties:
* Health practitioners, including, but not limited to, physicians,
    surgeons, physical therapists, dentists, paramedics, optometrists,
    coroners, or medical examiners;
* Teachers or child care providers, including, but not limited to,
    school principals, teacher's aides, foster home parents, or group
    home staff members;
* Mental health/social services practitioners, including, but not
    limited to, psychiatrists, psychologists, marriage and family
    counselors, and social workers;
* Police officers, law enforcement officials;
* Commercial film or photographic print processors;
* Mediators.

CIRCUMSTANCES

* When they have cause to believe that:
    - A child's physical or mental health or welfare is endangered as a
      result of abuse or neglect; or
    - Abuse or neglect was a contributing factor in a child's death;
* Commercial film or photographic print processors must report when
    they have knowledge of or observe, within the scope of their
    professional capacities or employments, any film, photograph,
    videotape, negative, or slide depicting a child who they know or
    should know is under the age of 17 years which constitutes child
    pornography.

PRIVILEGED COMMUNICATIONS

La. Children's Code Ann. art. 603(13)(b) (West Supp. 1999)

When a priest, rabbi, duly ordained minister, or Christian Science
practitioner has acquired knowledge of abuse or neglect from a person
during a confession or other sacred communication, he shall encourage
that person to report but shall not be a mandatory reporter of that
information given in confession or sacred communication.

La. Children's Code Ann. art. 609(A)(1) (West 1995)

Notwithstanding any claim of privileged communication, any mandatory
reporter who has cause to believe that a child's physical or mental
health or welfare is endangered as a result of abuse or neglect or that
abuse or neglect was a contributing factor in a child's death shall
report in accordance with the reporting laws.

Document Number: CS-0000072

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Nevada.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Nevada; Abuse; alcohol; Child; Child Abuse; child abuse or neglect; conduct; juvenile; Legislation; Mandatory Reporter; neglect; Physician; practitioner; professional; Report; Reporter; services; treatment

Full Text:
NEVADA

Nev. Rev. Stat. Ann. Section 432B.220(3), (5) (WESTLAW through 1999 Ch.
631)

WHO MUST REPORT

* Physicians; dentists; dental hygienists; chiropractors; optometrists;
    pediatric physicians; medical examiners; residents; interns;
    professional or practical nurses; physicians' assistants; advanced
    emergency medical technicians; other persons providing medical
    services licensed or certified in this State; any personnel of
    hospitals or similar institutions engaged in the admission,
    examination, care, or treatment of persons; administrators, managers,
    or other persons in charge of hospitals or similar institutions upon
    notification of suspected child abuse or neglect by staff members;
    coroners;
* School administrators, teachers, or librarians; any persons who
    maintain or are employed by facilities or establishments that provide
    care for children, children's camps, or other facilities,
    institutions, or agencies furnishing care to children;
* Psychiatrists; psychologists; marriage and family therapists; alcohol
    or drug abuse counselors; social workers; school counselors; any
    persons who maintain, are employed by, or serve as volunteers for
    agencies or services that advise persons regarding child abuse or
    neglect and refer them to persons and agencies where their requests
    and needs can be met;
* Clergymen, practitioners of Christian Science, or religious healers
    (unless they have acquired the knowledge of the abuse or neglect from
    the offenders during confessions); persons licensed to conduct foster
    homes;
* Officers or employees of law enforcement agencies; adult or juvenile
    probation officers; attorneys (unless they have acquired the
    knowledge of the abuse or neglect from clients who are, or may be,
    accused of the abuse or neglect).

CIRCUMSTANCES

* When they, in their professional or occupational capacities, know or
    have reason to believe that a child has been abused or neglected;
* When they have reasonable cause to believe that a child has died as a
    result of abuse or neglect.

PRIVILEGED COMMUNICATIONS

Nev. Rev. Stat. Ann. Section 432B.250 (WESTLAW through 1999 Ch. 631)

Any person who is required to make a report may not invoke any of the
privileges granted under law for his or her failure to report under the
reporting law.

Document Number: CS-0000082

Publication Type: Statutes

Database: US State Statute Series

Title: Sexual Abuse Allegations in Divorce and Custody Cases: Frustrations of Inquiry.

Author: Goldstein, S. L.; Tyler, R. P.

Author Affiliation: Child Abuse Forensic Institute, Napa, CA.

Source: Presented at: The 14th National Symposium on Child Sexual Abuse, Huntsville, AL, March 17, 1998; pp. 442-447

Distributor: National Children's Advocacy Center; 200 Westside Sq., Suite 700, Huntsville, AL 35801; Tel: (205) 533-0531; E-mail: ncacadm@HiWAAY.net

Index Terms:
sexual abuse; child custody; divorce; investigations; disclosure; false allegations

Abstract:
This paper provides guidelines for the investigation of allegations of sexual abuse during divorce and child custody proceedings. Social workers and police investigators are advised to consider who the child told about the abuse, what prompted the disclosure, who has spoken to the child and how they responded to the disclosure, what evidence is available, and if there are any alternative explanations. The investigation should determine whether the allegation is sincere or malicious, and if sincere, whether the abuse actually occurred or whether the child's statements were misinterpreted. The first steps in an investigation are to prevent witnesses from conferring with each other and to prevent the offender from destroying evidence. Attempts should be made to obtain an admission or confession by the offender before he is aware of police involvement. The child should also be examined by a trained medical professional as soon as possible.

Document Number: CD-25918

Publication Type: Proceedings Paper

Database: DOCUMENTS & ARTICLES

Title: Impact of Child Sexual Abuse Medical Examinations on the Dependency and Criminal Systems.

Author: De Jong, A. R.

Author Affiliation: duPont Hospital for Children, Wilmington, DE. Dept. of Pediatrics.

Source: Child Abuse and Neglect; 22(6): pp. 645-652; Oxford (Great Britain), Elsevier Science, Ltd., June 1998

Distributor: Allan R. De Jong; duPont Hospital for Children 1600 Rockland Rd., Wilmington, DE 19899

Index Terms:
sexual abuse; physical examinations; physicians role; courts; criminal justice system; medical evidence; medical research; research reviews

Abstract:
This article describes the role of medical examinations in child sexual abuse criminal and dependency cases. Although medical examinations are conducted primarily to diagnose and treat the child, evidence obtained through the health history, interview, and physical examination can be helpful to obtain protection for the child and to prosecute the abuser. Recent research has found that allegations of sexual abuse are more likely to be prosecuted than other types of abuse. Prosecutors base their decision to charge alleged perpetrators on the strength of the evidence. However, a majority of confessions, guilty pleas, and verdicts are obtained without specific physical evidence. Few studies have explored the use of medical examinations in juvenile and dependency courts. The article outlines several areas for future research that focus on the impact of medical examinations during the investigation and court processes. Recommended study topics include interview techniques, child protection practices influenced by medical evidence, the acceptance or rejection of cases for prosecution, the cost-benefit of expert medical examiners, the format of medical testimony, and the knowledge of court judges, child protective workers, and law enforcement officers about medical evidence. 38 references.

Document Number: CD-26448

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: When Partnership is Difficult: Working With Abused Mothers of Abused Children.

Author: McHugh, J.; Hewitt, L.

Author Affiliation: Monash Univ., Melbourne, VIC (Australia)

Source: Australian Social Work; 51(1): pp. 39-44; Australian Association of Social Workers, Ltd, Kingston, ACT (Australia), March 1998

Internet URL: http://www.aasw.asn.au

Distributor: Australian Association of Social Workers, Ltd.; P. O. Box 4956; Tel: (+61) 262-7301 99; (026) 273-0199; Fax: (026) 273-5020; E-mail: aaswnat@aasw.asn.au

Index Terms:
battered women; women abuse; family violence; emotional response; social workers; brainwashing; child abuse; fear

Abstract:
Attention has been given to the links between the various forms of child abuse and family violence. This article examines the emotional impact on women experiencing violence and suggests a model of thought reform, or brainwashing, that describes these women's experience. The psychological steps of the battered women who become brainwashed by their batterers include: assault upon identity, the establishment of guilt; self-betrayal; total conflict and basic fear; leniency and opportunity; the compulsion to confess false accusations; channeling of guilt; re-education of the batterers' ideas, beliefs, and opinions; progress and harmony; the final confession; and re-birth of the woman's thought process. Brainwashing leads battered women to accept their batterers' reality and to develop an enduring bound with their batterers to whom they are extremely loyal. It is important for professionals to understand the role brainwashing plays in the entrapment of women in battering relationships. The implications for social work practitioners in working with these women and their children is discussed. The authors argue that if women have experienced the thought reform process described, then it will be difficult for them to act in ways that will enable them to effectively protect their children. Numerous references. (Author abstract modified)

Document Number: CD-28187

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): California.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; California; Abuse; Child; Child Abuse; employment; Health practitioner; Legislation; Mandatory Reporter; penitential communication; Physician; practitioner; professional; reasonable suspicion; Report; Reporter; Sexual intercourse; subdivision; youth

Full Text:
CALIFORNIA

Cal. Penal Code Section 11166(a), (c), (e); 11165.7(a) (West Supp.
1998); 11165.8 (West, WESTLAW through 1999 portion of 1999-2000 Reg.
Sess. & 1st Ex. Sess.)

WHO MUST REPORT

* Health practitioners;
    - Physician, surgeon, psychiatrist, psychologist, dentist, resident,
      intern, podiatrist, chiropractor, licensed nurse, dental hygienist,
      or optometrist;
    - Marriage, family and child counselor;
    - Clinical social worker;
    - Any emergency medical technician I or II, or paramedic;
    - Psychological assistant;
    - A marriage, family and child counselor trainee;
    - An unlicensed marriage, family and child counselor intern;
    - A State or county public health employee who treats a minor for
      venereal diseases or any other condition;
    - A coroner; and
    - A medical examiner, or any other person who performs autopsies;
* Child care custodians;
    - Teacher, instructional aide, teacher's aide, or teacher's assistant
      employed by any public or private school;
    - Classified employee of any public school;
    - Administrative officer, supervisor of child welfare and attendance,
      or a certificated pupil personnel employee of any public or private
      school;
    - Administrator or employee of a public or private youth center,
      youth recreation program, or youth organization;
    - Administrator or employee of a public or private organization whose
      duties require direct contact and supervision of children;
    - A licensee, administrator, or employee of a licensed community care
      or child day-care facility;
    - Headstart care institution;
    - Social worker, probation officer, or parole officer;
    - Employee of a school district police or security department;
    - Counselor in a child abuse prevention program in any public or
      private school;
    - District attorney investigator, inspector, or family support
      officer; and
    - Peace officer;
* Employees of child protective agencies; child visitation monitors;
* Firefighters; animal control officers; humane safety officers;
* Commercial film and photographic print processors;
* Clergy members;
* Law enforcement officials.

CIRCUMSTANCES

* When they have knowledge of or observe a child in their professional
    capacities or within the scope of their employment, whom they know or
    reasonably suspect has been the victim of child abuse;
* When they have knowledge of or reasonably suspect that mental
    suffering has been inflicted upon a child or that his or her
    emotional well-being is endangered in any other way;
* Commercial film and photographic print processors must report when
    they have knowledge of or observe, within the scope of their
    professional capacity or employment, any film, photograph, videotape,
    negative, or slide depicting a child under the age of 16 years
    engaged in any of the following:
    - Sexual intercourse, including genital-genital, oral-genital,
      anal-genital, or oral-anal, between persons of the same or opposite
      sex or between humans and animals;
    - Penetration of the vagina or rectum by any object;
    - Masturbation for the purpose of sexual stimulation of the viewer;
    - Sadomasochistic abuse for the purpose of sexual stimulation of the
      viewer; or
    - Exhibition of the genitals, pubic, or rectal areas of any person
      for the purpose of sexual stimulation of the viewer.

PRIVILEGED COMMUNICATIONS

Cal. Penal Code Section 11166(e) (West Supp. 1998)

A clergy member who acquires knowledge or reasonable suspicion of child
abuse during a penitential communication is not subject to the
requirement to make a report. For the purposes of this subdivision,
"penitential communication" means a communication, intended to be in
confidence, including, but not limited to, a sacramental confession, made
to a clergy member who, in the course of the discipline or practice of
his or her church, denomination, or organization, is authorized or
accustomed to hear those communications, and under the discipline,
tenets, customs, or practices of his or her church, denomination, or
organization, has a duty to keep those communications secret.

Nothing in this subdivision shall be construed to modify or limit a
clergy member's duty to report known or suspected child abuse when he or
she is acting in the capacity of a child care custodian, health
practitioner, employee of a child protective agency, child visitation
monitor, firefighter, animal control officer, humane society officer, or
commercial film print processor.

Document Number: CS-0000058

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Idaho.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Idaho; abandonment; Abuse; care center; Child; Child Abuse; circumstances; Legislation; Mandatory Reporter; neglect; Physician; professional; Report; Reporter

Full Text:
IDAHO

Idaho Code Section 16-1619(a) (Supp. 1998)

WHO MUST REPORT

* Physicians; residents on hospital staffs; interns; nurses;
    coroners;
* School teachers; day-care personnel;
* Social workers;
* Any other persons.

CIRCUMSTANCES

* When they have reason to believe that a child under the age of 18 has
    been abused, abandoned, or neglected;
* When they observe a child being subjected to conditions or
    circumstances which would reasonably result in abuse, abandonment, or
    neglect.

PRIVILEGED COMMUNICATIONS

Idaho Code Section 16-1619(c) (Supp. 1998)

The notification requirements do not apply to a duly ordained minister of
religion, with regard to any confession or confidential communication
made to him in his ecclesiastical capacity in the course of discipline
enjoined by the church to which he belongs if:
* The church qualifies as tax-exempt under Federal statute;
* The confession or confidential communication was made directly to the
    duly ordained minister of religion; and
* The confession or confidential communication was made in the manner
    and context which places the duly ordained minister of religion
    specifically and strictly under a level of confidentiality that is
    considered inviolate by canon law or church doctrine. A confession
    or confidential communication made under any other circumstances does
    not fall under this exemption.

Idaho Code Section 16-1620 (Supp. 1998)

Any privilege between husband and wife, or between any professional
person except the lawyer-client privilege, including but not limited to
physicians, counselors, hospitals, clinics, day-care centers and schools
and their clients shall not be grounds for excluding evidence at any
proceeding regarding the abuse, abandonment or neglect of the child or
the cause thereof.

Document Number: CS-0000066

Publication Type: Statutes

Database: US State Statute Series

Title: Polymicrobial Bacteremia: A Presentation of Munchausen Syndrome by Proxy.

Author: Seferian, E. G.

Author Affiliation: Chicago Univ., IL. Dept. of Pediatrics.

Source: Clinical Pediatrics; 36(7): pp. 419-422; Westminster Publications, Inc., Glen Head, NY., July 1997

Distributor: Edward G. Seferian; Chicago Univ. Departments of Medicine and Pediatrics 5841 S. Maryland Ave., MC 6054, Chicago, IL 60637

Index Terms:
munchausen syndrome by proxy; diagnoses; physical examinations; case studies

Abstract:
This article describes a case of Munchausen syndrome by proxy in a six year old boy presenting with symptoms of polymicrobial sepsis. The boy had been admitted to the hospital for diagnosis and treatment of severe headaches and vomiting. Blood cultures revealed Bacteroides fragilis, Candida albicans, E. coli, and alpha hemolytic Streptococcus. After extensive investigation, CT scans, bone marrow aspirates, and other laboratory tests, the medical staff suspected that the intravenous lines were being contaminated. The mother eventually confessed and the family received psychiatric treatment. A commentary following the article suggests that Munchausen syndrome by proxy should have been considered earlier in the diagnostic process. Characteristics of the disorder are described. 16 references.

Document Number: CD-25558

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Persistent Cerebrospinal Fluid Otorrhea: A Case of Munchausen's syndrome By Proxy.

Author: Mra, Z.; MacCormick, J. A.; Poje, C. P.

Author Affiliation: Children's Hospital of Buffalo, NY. Dept. of Otolaryngology.

Source: International Journal of Pediatric Otorhinolaryngology; 41(1): pp. 59-63; Elsevier Science, New York, NY., July 18, 1997

Internet URL: http://www.elsevier.com

Distributor: Elsevier Science; P. O. Box 945, New York, NY 10159-0945; Tel: (888) 437-4636; E-mail: usinfo-f@elsevier.com

Index Terms:
munchausen syndrome by proxy; etiology; detection; diagnoses; case studies

Abstract:
This article reviews the case of a young child who initially presented with recurrent bacterial meningitis one year after significant head trauma and was found to have cerebrospinal fluid (CSF) leakage into the middle ear. Surgical procedures were devised to attempt to stop this abnormal flow, but inexplicable clear otorrhea biochemically identical to CSF persisted for weeks. The child's mother was apparently soaking the surgical dressings with CSF obtained through a lumbar drain and confessed to this activity after she was found to have tampered with an intravenous catheter. This activity resulted in a prolonged hospital stay and several presumably unnecessary procedures. The article describes the characteristics of Munchausen syndrome by proxy and stresses the role of communication of suspicion between various health care workers. The medical and social settings in which this disorder is prevalent are covered. Early detection of this entity is essential in rescuing the victim from life-threatening abuse and in obtaining appropriate therapy for the abuser. 14 references. (Author abstract)

Document Number: CD-25571

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: A Validational Study of the Structured Interview of Symptoms Associated With Sexual Abuse (SASA) Using Three Samples of Sexually Abused, Allegedly Abused, and Nonabused Boys.

Author: Wells, R.; McCann, J.; Adams, J.; Voris, J.; Dahl, B.

Author Affiliation: Valley Children's Hospital, Fresno, CA. Dept. of Pediatric Research.

Source: Child Abuse and Neglect; 21(12): pp. 1159-1167; Elsevier Science Ltd., New York, NY., December 1997

Distributor: Robert D. Wells; Valley Children's Hospital 3151 N. Millbrook Ave., Fresno, CA 93703

Index Terms:
validity; assessment; measures; male victims; sexual abuse; interviews; child behavior; parental attitudes

Abstract:
This study evaluated the discriminant validity of a structured parent interview regarding emotional, behavioral, and physical symptoms by comparing results among three subsamples of age matched boys: 22 sexually abused boys whose perpetrator confessed, 47 boys evaluated in a sexual abuse clinic but without a history or perpetrator confession, and 52 nonabused boys selected after rigorous screening. In comparison with the nonabused boys, the sexually abused boys were significantly more likely to demonstrate sudden emotional and behavioral changes, frequent stomachaches, more knowledge about sex and sexual activities than expected for age, unusual aggressiveness toward playmate or toy's private parts, crying easily, difficulty getting to sleep, and a change to poor school performance. The internal reliability of the Structured Interview of Symptoms Associated with Sexual Abuse (SASA) was determined to be .83 and scoring of an abbreviated 12-item scale demonstrated a sensitivity of 90.9 percent and a specificity of 88.5 percent. The findings suggest that the SASA is an effective tool which may help in the comprehensive assessment of boys who may have been sexually abused. 30 references and 3 tables. (Author abstract)

Document Number: CD-32583

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Montana.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Montana; Abuse; advocate; Child; Child Abuse; Legislation; Mandatory Reporter; neglect; Physician; practitioner; professional; Report; Reporter; treatment

Full Text:
MONTANA

Mont. Code Ann. Section 41-3-201(1)-(2) (1997)

WHO MUST REPORT

* Physicians; residents; interns; members of hospitals' staffs engaged
    in the admission, examination, care, or treatment of persons; nurses;
    osteopaths; chiropractors; podiatrists; medical examiners; coroners;
    dentists; optometrists; any other health professionals;
* School teachers; other school officials; employees who work during
    regular school hours; operators or employees of any registered or
    licensed day-care or substitute care facility; any other operators or
    employees of child care facilities;
* Mental health professionals; social workers;
* Christian Science practitioners; religious healers; foster care,
    residential, or institutional workers; clergy; guardian ad litem,
    court appointed advocate authorized to investigate a report;
* Peace officers; other law enforcement officials.

CIRCUMSTANCES

* When they know or have reasonable cause to suspect, as a result of
    information they receive in their professional or official capacity,
    that a child is abused or neglected. PRIVILEGED COMMUNICATIONS

Mont. Code Ann. Section 41-3-201(4) (1997)

Except as provided in the subsections below, a person listed as a
mandated reporter may not refuse to make a report as required in this
section on the grounds of a physician-patient or similar privilege.

A clergyperson or priest is not required to make a report under this
section if:
* The knowledge or suspicion of the abuse or neglect came from a
    statement or confession made to the clergyperson or priest in that
    person's capacity as a clergyperson or priest;
* The statement was intended to be a part of a confidential
    communication between the clergyperson or priest and a member of the
    clergyperson's or priest's church or congregation; and
* The person who made the statement or confession does not consent to
    the disclosure by the clergyperson or priest.

A clergyperson or priest is not required to make a report under this
section if the communication is required to be confidential by canon law,
church doctrine, or established church practice.

Document Number: CS-0000080

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Utah.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Utah; Abuse; Child; Child Abuse; circumstances; Legislation; Mandatory Reporter; Molestation; neglect; professional; Report; Reporter; Sexual abuse; Sexual exploitation

Full Text:
UTAH

Utah Code Ann. Section 62A-4a-403(1) (1997)

WHO MUST REPORT

* Persons licensed under the Medical Practice Act or the Nurse Practice
    Act;
* Any persons.

CIRCUMSTANCES

* When they have reason to believe that a child has been subjected to:

    - Incest;
    - Molestation;
    - Sexual exploitation;
    - Sexual abuse;
    - Physical abuse; or
    - Neglect;
* When they observe a child being subjected to conditions or
    circumstances which would reasonably result in sexual abuse, physical
    abuse, or neglect.

PRIVILEGED COMMUNICATIONS

Utah Code Ann. Section 62A-4a-403(2), (3) (1997)
* The reporting requirements do not apply to a clergyman or priest,
    without consent of the person making the confession, with regard to
    any confession made to him in his professional character:
    - If the confession was made directly to the clergyman or priest by
      the perpetrator; and
    - The clergyman or priest is, under canon law or church doctrine or
      practice, bound to maintain the confidentiality of that
      confession;
* When a clergyman or priest receives information about abuse or
    neglect from any source other than confession of the perpetrator, he
    is required to give notification on the basis of that information
    even though he may have also received a report of abuse or neglect
    from the confession of the perpetrator. Exemption from reporting
    laws does not exempt a clergyman or priest from any other efforts
    required by law to prevent further abuse or neglect by the
    perpetrator.

Utah Code Ann. Section 62A-4a-412(5) (Supp. 1998)

The physician-patient privilege is not a ground for excluding evidence
regarding a child's injuries or the cause of those injuries, in any
proceeding resulting from a report made in good faith pursuant to the
reporting law.

Document Number: CS-0000098

Publication Type: Statutes

Database: US State Statute Series

Title: Legislation Regarding Mandatory Reporters of Child Abuse and Neglect (Current through December 31, 1999): Wyoming.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION

Source: Reporting Laws Number 2; In: Mandatory Reporters of Child Abuse and Neglect

Internet URL: http://www.calib.com/nccanch

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Wyoming; Abuse; advocate; Child; Child Abuse; circumstances; Legislation; Mandatory Reporter; neglect; Report; Reporter; sexual assault

Full Text:
WYOMING

Wyo. Stat. Ann. Section 14-3-205(a) (Michie 1997)

WHO MUST REPORT

* Any persons.

CIRCUMSTANCES

* When they know or have reasonable cause to believe or suspect that a
    child has been abused or neglected;
* When they observe any child being subjected to conditions or
    circumstances that would reasonably result in abuse or neglect.

PRIVILEGED COMMUNICATIONS

Wyo. Stat. Ann. Section 14-3-210 (Michie 1997)

Evidence regarding a child in any judicial proceeding resulting from a
report made pursuant to the reporting laws shall not be excluded on the
ground it constitutes a privileged communication:
* Between husband and wife;
* Claimed under provision of law other than those regarding
    attorney-client, physician-patient, or clergy concerning confessions
    received;
* Claimed pursuant to statute regarding the confidential communication
    between a family violence and sexual assault advocate and victim.

Document Number: CS-0000104

Publication Type: Statutes

Database: US State Statute Series

Title: Sexual Abuse Allegations in Divorce and Custody Cases: Frustrations of Inquiry.

Author: Goldstein, S. L.; Tyler, R. P.

Author Affiliation: Child Abuse Forensic Institute, Concord, CA.

Source: In: Ventrell, M. R. (Editor). Child Advocacy at a Crossroads: The Development and Direction of Children's Law in America. National Association of Counsel for Children, Denver, CO, 1996; pp. 207-218

Internet URL: http://NACCchildlaw.org

Distributor: National Association of Counsel for Children; 1825 Marion St., Suite 340, Denver, CO 80218; Tel: (303) 864-5320; E-mail: advocate@NACCchildlaw.org

Index Terms:
sexual abuse; divorce; custody disputes; investigations; evidence; physical examinations

Abstract:
This chapter focuses on the issues, concerns, and questions that should be considered by lawyers representing children or parents in cases involving allegations of sexual abuse within the context of family law or domestic relations proceedings. These cases present law enforcement, legal, and social service personnel with various problems, including conducting competent investigations with fewer investigators and discerning valid allegations from false ones in situations that may impugn the veracity of the disclosure. The authors discuss investigative concerns that should be addressed following the disclosure of abuse, including determining whether investigators can prevent witnesses from talking with one another prior to giving statements, obtaining information about the alleged abuse and then attempting to get a confession from the offender, securing and preserving evidence, and conducting medical examinations as soon as possible. They also identify other issues that arise in investigations of cases of sexual abuse allegations made within the context of marital discord, including conducting background checks on all crucial witnesses and the accused, interviewing the alleged victim, and ensuring that properly trained individuals are conducting investigations. 5 references.

Document Number: CD-23381

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Legislation Regarding the Use of Special Hearsay Exceptions for Criminal Child Abuse Cases (Current through December 31, 1999): Missouri.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE

Author Affiliation: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Administration on Children, Youth and Families Children's Bureau; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION 330 C Street, SW, Washington, DC, 20447, (703) 385-7565 Outside Metropolitan Area: (800) FYI-3366; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE 99 Canal Center Plaza, Suite 510, Alexandria, VA, 22314, (703) 739-0321

Source: Child Witnesses Number 23; In: Special Child Hearsay Exceptions

Internet URL: http://www.ndaa-apri.org

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; Missouri; Abuse; Child; Child Abuse; Child Abuse Cases; circumstances; conduct; Criminal Child Abuse; Criminal; defendant; Legislation; offense; Special Hearsay Exceptions; trauma

Full Text:
MISSOURI

Mo. Rev. Stat. Section 491.075 (1996)

Crimes: sexual offenses; endangering the welfare of a child; abuse of a
child; assault.

Age: under 12 years of age when the statement was made.

Applicability: victim.

Criteria for admissibility: The court finds, in a hearing conducted
outside the presence of the jury, that the time, content and
circumstances of the statement provide sufficient indicia of
reliability.

The child-declarant either:
    (1) testifies at proceedings;
    (2) is unavailable as a witness;
    (3) the child is otherwise physically available as a witness but the
        court finds that the significant emotional or psychological
        trauma which would result from testifying in the personal
        presence of the defendant makes the child unavailable as a
        witness at the time of the criminal proceeding.

Special issues: A statement by the child-declarant alleged to be the
victim of an offense, is sufficient corroboration of a statement,
admission or confession by the defendant regardless of whether the
child-declarant is available to testify regarding the offense. The
prosecuting attorney must make known to the accused or his or her counsel
his or her intention to offer the statement and the particulars of the
statement sufficiently in advance of the proceedings to provide the
accused or his or her counsel with a fair opportunity to prepare to meet
the statement.

Held constitutional in State v. Wright, 751 S.W.2d 48 (Mo. 1988); see
also State v. Blue, 811 S.W.2d 405 (Mo. Ct. App. 1991) (hearsay testimony
by three persons as to out-of-court statements made by an 11-year-old
child, and medical evidence corroborating a charge of rape, supported a
conviction of rape even though the child denied at trial that she was
raped by the defendant).

Document Number: CS-0001034

Publication Type: Statutes

Database: US State Statute Series

Title: Emotional, Behavioral, and Physical Symptoms Reported by Parents of Sexually Abused, Nonabused, and Allegedly Abused Prepubescent Females.

Author: Wells, R. D.; McCann, J.; Adams, J.; Voris, J.; Ensign, J.

Author Affiliation: California Univ., San Francisco.

Source: Child Abuse and Neglect; 19(2): pp. 155-163; Oxford (Great Britain), Elsevier Science, Ltd., February 1995

Distributor: Robert D. Wells; Valley Children's Hospital 3151 N. Millbrook Ave., Fresno, CA 93703

Index Terms:
sexual abuse; female victims; school children; sequelae

Abstract:
This study examined the results of a structured parent interview completed on three matched samples of prepubescent females: 68 who were selected for nonabuse (NA group), 68 from a sexual abuse clinic in which a perpetrator confessed (SA group) and 68 seen at the same clinic who did not have a perpetrator confession (AA group). Parents of girls in both the SA and AA groups reported increased sleep problems, fearfulness, emotional and behavioral changes, concentration problems, and sexual curiosity and knowledge. When contrasting the known (SA) with the alledgedly abused sample (AA), self-consciousness, nightmares, and fearfulness of being left alone emerged significantly more frequently in the SA sample. 2 tables and 27 references. (Author abstract modified)

Document Number: CD-20672

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Child Sexual Abuse: Defending the Alleged Abuser.

Author: Haralambie, A. M.

Source: Family Advocate; 17(3): pp. 52, 54, 56-58; Chicago, IL, American Bar Association, Section of Family Law, Winter 1995

Internet URL: http://www.abanet.org/family/advocate

Distributor: Editor, Family Advocate; 8205 N. Laramie, Skokie, IL 60077

Index Terms:
lawyers role; defense counsel; lawyers responsibility; family courts; sex offenders; sexual abuse; best interests of the child; false allegations

Abstract:
This article provides guidelines for defending alleged sexual abuse offenders in domestic relations cases. Defense lawyers are advised to focus their case on the best interests of the child rather than charging the accusing parent of fabrication. Attorneys representing parents accused of sexual abuse should encourage their client to be honest with them and determine if the child had been molested or if the allegations are based on inappropriate behaviors, erroneous conclusions, or fabrication by the other parent. If the client confesses to the molestation, the attorney should recommend that they settle the case and the offender receive therapy. In cases where the client has exhibited inappropriate conduct, the attorney should present the case as the result of poor judgment and demonstrate that the client is willing to learn about appropriate behavior. Erroneous allegations made in good faith should not be treated as fabrications but rather in such a way as to be sensitive to concerns of the accusing parent. Fabricated allegations of sexual abuse are rare but can be discovered by a qualified mental health professional.

Document Number: CD-21884

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Denying Ritual Abuse of Children.

Author: Gould, C.

Source: Journal of Psychohistory; 22(3): pp. 329-339; New York, NY, Association for Psychohistory, Winter 1995

Internet URL: http://www.bellhowell.infolearning.com

Distributor: Bell and Howell Information and Learning; 300 N. Zeeb Rd., Ann Arbor, MI 48106; Tel: (800) 521-0600; Fax: 734-761-9836; E-mail: info@bellhowell.infolearning.com

Index Terms:
ritual abuse; prevalence; symptoms; trauma; sequelae; corroboration; adults abused as children

Abstract:
This article discusses the denial of ritual abuse of children. Studies that illustrate the deleterious impact of ritual abuse on children are highlighted that indicate that ritual abuse victims experience more serious consequences than do victims of sexual abuse. Data from these studies indicate that ritually abused children appear more disturbed than sexually abused children on traditional assessment instruments and that they exhibit symptoms that relate in direct ways to the abuse experiences they describe. The indifference of law enforcement personnel to eyewitness and victim accounts of ritual criminal activity, to perpetrator confessions of ritual abuse crimes, and to various types of corroboration of children's accounts of ritual abuse is discussed. Factors that contribute to the denial of the existence of ritual abuse are presented, including economic and sociocultural factors. The economic aspect involves the creation of a group of individuals who function as unpaid slaves to the perpetrator group, and the sociocultural aspect involves the belief by most American that crimes involving torture and mind control do not happen in the United States. The need to stop ignoring or minimizing the impact of ritual abuse on children is stressed. 25 references.

Document Number: CD-22299

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: A Clinical Sample of Women Who Have Sexually Abused Children.

Author: Faller, K. C.

Author Affiliation: Michigan Univ., Ann Arbor. School of Social Work.

Source: Journal of Child Sexual Abuse; 4(3): pp. 13-30; Binghamton, NY, Haworth Press, Inc., 1995

Internet URL: http://www.haworthpressinc.com

Distributor: Haworth Document Delivery Service; 10 Alice St., Binghamton, NY 13904-1580; Tel: (800) 429-6784; E-mail: getinfo@haworthpressinc.com

Index Terms:
female sex offenders; characteristics of abuser; precipitating factors; etiology; sexual abuse; child abuse research

Abstract:
The research described is a study of a clinical sample of 72 women who allegedly sexually abused 332 children. The sample is examined from a variety of perspectives, including whether the abuse was intrafamilial (n=33), extrafamilial (n= 18), or both (n=21); and whether the abuse involved multiple intrafamilial offenders (n=33), a solo intrafamilial offender (n=17), multiple extrafamilial offenders (n=16), or solo extrafamilial offenders (n=6). Social situational factors and individual deficits, such as mental illness (n=23), mental retardation (n=16), substance abuse (n=37), and other maltreatment of their children (n=61), that might lead women to sexually abuse children are examined. Case outcomes, including the number of confessions (n=49), criminal prosecution (n=3), and protection of victims (n=44), are described. 30 references, 1 figure, and 5 tables. (Author abstract)

Document Number: CD-22613

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Allegations of Sexual Abuse in Divorce.

Author: Faller, k. C.; DeVoe, E.

Author Affiliation: Michigan Univ., Ann Arbor. Family Assessment Clinic.

Source: Journal of Child Sexual Abuse; 4(4): pp. 1-25; Binghamton, NY, Haworth Press, Inc., 1995

Internet URL: http://www.haworthpressinc.com

Distributor: Haworth Document Delivery Service; 10 Alice St., Binghamton, NY 13904-1580; Tel: (800) 429-6784; E-mail: getinfo@haworthpressinc.com

Index Terms:
sexual abuse; divorce; false allegations; medical evidence; corroboration; child protection; family courts

Abstract:
This article presents a study that explored the relationship between divorce and sexual abuse allegations. A clinical sample of 215 divorce cases with sexual abuse allegations was examined. Cases were categorized into situations in which disclosure of sexual abuse was followed by divorce, divorce was followed by disclosure of pre-existing sexual abuse, divorce was followed by sexual abuse, false allegations by adults, possible false allegations by adults, dynamics of sexual abuse not directly related to divorce, and false allegations by children. In addition, clinical substantiation and lack thereof were examined in terms of their relation to case characteristics assumed to be indicative of a true allegation, including an offender confession, an offender conviction, medical or police evidence, the existence of other victims and witnesses, information from significant others, information from other professionals, and child interview data. Legal outcomes, including protection of the child, court substantiation, and any sanctions against the complainant, and their relationships to case characteristics are described. Results indicate that there were a variety of relationships between allegations of sexual abuse and divorce. Findings reveal that child disclosure after marital break-up was more common than disclosure prior to divorce. In cases where divorce preceded sexual abuse, one or both of two social situational characteristics of marital dissolution existed, either loss of the structure inherent in married life and/or serious emotional upheaval for adults. Results also show that the court substantiation rate for sexual abuse allegations was about half the clinical substantiation rate and that the court imposed sanctions on approximately one-fifth of the parents raising concerns about sexual abuse. 33 references and 3 tables. (Author abstract modified)

Document Number: CD-22672

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Abusive Head Trauma: The Relationship of Perpetrators to Their Victims.

Author: Starling, S. P.; Holden, J. R.; Jenny, C.

Author Affiliation: Colorado Univ. Health Sciences Center, Denver. Dept. of Pediatrics.

Source: Pediatrics; 95(2): pp. 259-262; Elk Grove Village, IL, American Academy of Pediatrics, February 1995

Internet URL: http://www.aap.org

Distributor: American Academy of Pediatrics; 141 Northwest Point Blvd., Elk Grove Village, IL 60007-1098; Tel: (800) 433-9016; E-mail: kidsdocs@aap.org

Index Terms:
child abuse research; head injuries; shaken baby syndrome; perpetrators

Abstract:
This study identifies the relationship between perpetrators of abusive head trauma and their victims. Medical charts of 151 infants who suffered abusive head trauma were reviewed to determine the perpetrator of the abuse. Caretakers were classified by level of certainty, confession of the crime, legal actions taken, or strong suspicion by the staff. Results revealed that male victims accounted for 60.3 percent of the cases. Twenty-three percent of the children died, although death rates for boys and girls did not differ significantly. Male perpetrators outnumbered females 2.2:1, with fathers (37 percent), step-fathers (3.1 percent), and mothers' boyfriends (25 percent) committing over 60 percent of the crimes. Female babysitters, at 17.3 percent, were a large, previously unrecognized group of perpetrators. Mothers were responsible for only 12.6 percent of our cases. All but one of the confessed abusers were with the child at the time of the onset of the symptoms. 3 tables and 15 references. (Author abstract)

Document Number: CD-25698

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: The Impact of Joint Law Enforcement-Child Protective Services Investigations in Child Abuse Cases.

Author: Tjaden, P. G.; Anhalt, J.

Author Affiliation: Center for Policy Research, Denver, CO.

Sponsor: National Center for Child Abuse and Neglect (DHHS), Washington, DC.

Grant Number: 90CA1446

Source: Center for Policy Research, Denver, CO, June 1995; 29 pp.

Distributor: Center for Policy Research; 1570 Emerson St., Denver, CO 80218; Tel: (303) 837-1555; Fax: (303) 837-1557; E-mail: cntrpolres@uswest.net

Index Terms:
interagency collaboration; multidisciplinary teams; investigations; child abuse; police role; child protective services; police operating procedures; outcomes

Abstract:
This article summarizes the findings of a study comparing the prevalence and effectiveness of independent child protective services investigations and joint law enforcement-child protective services investigations in cases of suspected child abuse. Using information extracted from child protective services, police, and criminal court records in five jurisdictions, the study found that caseworkers and police officers conducted joint investigations in 53 percent of the 1,828 cases in the sample. Four case characteristics have significant power to predict the occurrence of a joint investigation: a law enforcement reporter; emergency medical treatment to the victim at the time of the report; allegations of serious abuse; and allegations of sexual abuse. Compared to independent investigations, joint investigations take longer and are more thorough than independent investigations. They also result in significantly more protective custody placements, perpetrator departures from the home, perpetrator confessions, victim corroborations, substantiated reports, dependency filings, and criminal prosecutions. 10 references, 1 figure, and 4 tables. (Author abstract)

Document Number: CD-27422

Publication Type: Final Report

Database: DOCUMENTS & ARTICLES

Title: Homicidal Cardiac Lacerations in Children.

Author: Cohle, S. D.; Hawley, D. A.; Berg, K. K.; Kiesel, E. L.; Pless, J. E.

Author Affiliation: Blodgett Memorial Medical Center, Grand Rapids, MI.

Source: Journal of Forensic Sciences; 40(2): pp. 212-218; American Society for Testing and Materials, Philadelphia, PA, March 1995

Distributor: Stephen D. Cohle; Blodgett Memorial Medical Center 1840 Wealthy St. SE, Grand Rapids, MI 49506

Index Terms:
lacerations; trauma; homicide; autopsies; injuries; physical abuse; case studies; rib fractures

Abstract:
The authors of this article report intentionally inflicted cardiac laceration in 6 cases of fatally abused children. The victims ranged in age from 9 weeks to 2 and a half years. Five victims were girls and in 5 cases the right atrium was lacerated as observed at autopsy. The left ventricle was lacerated in the other case. In the 3 cases with a confession, one victim each was struck with a fist, stomped, and kicked. Four patients had rib fractures, with at least 2 fractures in each case. Cardiac rupture from blunt trauma most commonly results from compression of the heart between the sternum and vertebral column, but may also occur from compression of the abdomen or legs, deceleration, blast injury, puncture of the heart by a fractured rib, and rupture through a resolving contusion. Accidentally acquired cardiac lacerations usually result from motor vehicle accidents or similarly severe forces. In children, this injury does not result from cardiopulmonary resuscitation or from minor accidents at home. Cardiac lacerations, as with other types of severe trauma acquired at home, are almost never accidental. 3 tables, 9 figures, and 29 references. (Author abstract modified)

Document Number: CD-28160

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Legislation Regarding the Use of Special Hearsay Exceptions for Criminal Child Abuse Cases (Current through December 31, 1999): California.

Institutional Author: U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; NATIONAL CLEARINGHOUSE ON CHILD ABUSE AND NEGLECT INFORMATION; NATIONAL CENTER FOR PROSECUTION OF CHILD ABUSE

Source: Child Witnesses Number 23; In: Special Child Hearsay Exceptions

Internet URL: http://www.ndaa-apri.org

Series: Child Abuse and Neglect State Statutes Elements

Index Terms:
Statute; California; Abuse; Child; Child Abuse; Child Abuse Cases; circumstances; Criminal Child Abuse; Criminal; defendant; Legislation; offense; prejudice; Special Hearsay Exceptions

Full Text:
CALIFORNIA

Cal. Evid. Code Section 1228 (West 1995) (only for the purpose of
admitting the defendant's confession)

Crime: sexual abuse.

Age: under 12 years of age.

Applicability: victim.

Criteria for admissibility: The statement is admitted only to establish
the elements of a sexual offense in order to admit as evidence the
confession of the accused.

The statement was included in a written report of a law enforcement
official or an employee of a county welfare department.

The statement was made prior to the defendant's confession (the court
shall view with caution the testimony of a person recounting hearsay
where there is evidence of personal bias or prejudice).

The child-declarant is found to be unavailable or refuses to testify.

There are no circumstances, such as significant inconsistencies between
the defendant's confession and the statement concerning material facts
establishing an element of the crime or the identification of the
defendant, that would render the statement unreliable.

The confession was memorialized in a trustworthy fashion by a law
enforcement official.

Special issues: the prosecution shall serve a written notice upon the
defendant at least 10 days before the hearing or trial at which the
prosecution intends to offer the statement; if the statement is offered
during trial, the court's determination shall be made out of the presence
of the jury; if the statement is found to be admissible, it shall be
admitted out of the presence of the jury and only for the purpose of
determining the admissibility of the confession of the defendant.

Document Number: CS-0001018

Publication Type: Statutes

Database: US State Statute Series

Title: Accusations of Abuse Are Anti-Catholic Propaganda.

Author: Jenkins, P.

Author Affiliation: Pennsylvania State Univ. Dept. of Administration of Justice.

Source: In: de Koster, K. and Swisher, K. L. (Editors). Child Abuse: Opposing Viewpoints. San Diego, CA, Greenhaven Press, Inc., 1994; pp. 167-175

Distributor: Greenhaven Press, Inc.; P.O. Box 289009, San Diego, CA 92190

Index Terms:
clergy; churches role; sexual abuse; prevalence

Abstract:
This chapter presents the viewpoint that the rare cases of sexual misconduct by clergy are used by liberals and feminists to undermine the Catholic Church, especially the traditions of celibacy, confession, and the male priesthood. The panic was created by liberal opponents of the church's role in the pro-life movement and persons who are suspicious of the commitment to celibacy. The abuse that has occurred should actually be termed homosexual rather than pedophilia because most of the cases involved teenaged boys or young men. The church has preferred to avoid the criminal justice system, instead treating the abuser in a more therapeutic way. Even more dangerous to society than the threat of child abuse is the effect of exaggerated accusations of abuse used to subvert Christianity.

Document Number: CD-18992

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Successful Interrogation in Child Abuse Cases.

Author: Walsh, B.

Source: Conference on Responding to Child Maltreatment, San Diego, CA, January 1994; 19 pp.

Distributor: Family Violence and Sexual Assault Institute; 1121 ESE Loop 323, Suite 130, Tyler, TX 75701; Tel: (903) 534-5100; E-mail: fvsai@mail.cspp.edu

Index Terms:
investigations; perpetrators; legal processes; prosecution; evidence; professionals responsibility

Abstract:
This report outlines how to interrogate suspects, in general, and in child abuse cases, in particular. An investigator should seek to complete 2 goals during an interrogation: to manipulate and persuade the suspect to cooperate to tell the truth and to ensure that everything is performed within the suspect's legal rights. The differences between an interview and an interrogation are outlined, and the characteristics of a successful interrogator are listed in terms of appearance, appropriate posture, attitude, voice, facial expressions, and flexibility. Steps are given for interview preparation, and a suggested interrogation routine and strategy are outlined as well as how best to obtain a confession and obtain it in writing. Special themes for use in child abuse interrogations include blaming the victim, the child's parents, outside influences, or a spouse. Suggested actions for after the interrogation and results of not obtaining a confession are also outlined.

Document Number: CD-19475

Publication Type: Proceedings Paper

Database: DOCUMENTS & ARTICLES

Title: Comment on Loftus.

Author: Peterson, R. G.

Author Affiliation: Peterson, Whitehill and Mazer, Tacoma, WA.

Source: American Psychologist; p. 443; American Psychological Association, Washington, DC, May 1994

Internet URL: http://www.apa.org

Distributor: American Psychological Association; 750 1st St., NE, Washington, DC 20002-4242; Tel: (800) 374-2721; E-mail: order@apa.org

Index Terms:
memory; false allegations; therapists role

Abstract:
This commentary questions the validity of certain facts presented in an article about false memories of sexual abuse victims published in May 1993. The original article claimed that police and therapists coerced a man into believing he abused his children after months of interrogation. In fact, the man confessed during his first interview with police, before meeting with the psychologist. In addition, the original article stated that the psychologist suggested to the son that his dreams were actually memories of real events, when in fact the psychologist was not convinced that the memories were real. 1 reference.

Document Number: CD-19850

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Interviewing the Offender, Session VI: Guidelines for Interviewing Suspects in Child Sexual Abuse Cases.

Author: Cage, R.

Author Affiliation: Montgomery County Police Dept., MD.

Source: In: The Tenth National Symposium on Child Sexual Abuse, Huntsville, AL, February 22-26, 1994. National Children's Advocacy Center, National Resource Center on Child Sexual Abuse, National Network of Childrens' Advocacy Centers, 1994; 17 pp.

Index Terms:
sexual abuse; conferences; interviews; sex offenders; perpetrators; legal processes

Abstract:
This workshop session outlined guidelines for investigation of suspected offenders in child sexual abuse cases. The investigator must remain objective and avoid prejudgments, be sensitive to the needs of the case and the child, and be willing to invest time, patience, and control to obtain a confession. A typology of offenders was offered, including how to use the typology to the investigators' advantage. The interview steps were reviewed: preparation; timing; location, such as in the home, at work, or at the police station; interview techniques (what one should and should not do); and conducting the interview, including presentation of evidence and the use of polygraph information.

Document Number: CD-19924

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Interrogation Important Tool for Law Enforcement.

Author: Walsh, B.

Author Affiliation: Dallas Police Dept., TX.

Source: NRCCSA News; 3(2): pp. 1, 4-5; National Resource Center on Child Sexual Abuse, Huntsville, AL, July-August 1994

Internet URL: http://www.calib.com/nccanch

Distributor: Clearinghouse on Child Abuse and Neglect Information; 330 C St., SW, Washington, DC 20447; Tel: (800) 394-3366; Fax: (703) 385-7565; E-mail: nccanch@calib.com

Index Terms:
investigations; miranda rights; interviews; police operating procedures; police responsibility; criminal charges; guilt

Abstract:
An interrogation is a systematic process of questioning a suspect to obtain a confession that complies with all legal requirements of the Constitution. The primary difference between an interview and an interrogation is that interrogations are accusatory, while interviews only focus on collecting information about the crime. Miranda Warnings must be read if the suspect is in custody. The discussion should be observed by another investigator, but notes may not be taken during the interrogation. Interrogators can use verbal and nonverbal techniques to influence the suspect to admit to the crime. The article includes a comparison of interviews and interrogations, as well as a checklist for interviewing children.

Document Number: CD-23643

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Evaluations of Children Who Have Disclosed Sexual Abuse via Facilitated Communication.

Author: Botash, A. S.; Babuts, D.; Mitchell, N.; O'Hara, M. et al.

Author Affiliation: State Univ. of New York Health Science Center, Syracuse. Dept. of Pediatrics.

Source: Archives of Pediatrics and Adolescent Medicine; 148: pp. 1282-1287; Chicago, IL, American Medical Association, December 1994

Internet URL: http://www.ama-assn.org

Distributor: AMA, Joseph R. Rekash; 515 N. State St., Chicago, IL 60610; Tel: (312) 464-4594; Fax: (312) 464-4849; E-mail: joseph_rekash@ama-assn.org

Index Terms:
disclosure; sexual abuse; evaluation methods; facilitated communication; validity; competency

Abstract:
A case series design was used to examine the findings of interdisciplinary team evaluations of 13 children who disclosed sexual abuse via facilitated communication. The children were diagnosed with a range of developmental disabilities, including mental retardation, speech delay, and autism. Disclosure, physical evidence, child's behavioral and medical history, disclosures by siblings, perpetrator's confession, child protective services determinations and court findings were reviewed. Four children had evidence of sexual abuse, including two with physical findings consistent with sexual abuse, one with a verbal disclosure, and one perpetrator confession. These results neither support nor refute validation of facilitated communication. However, many children had other evidence of sexual abuse, suggesting that each child's case should be evaluated without bias. 17 references and 3 tables. (Author abstract)

Document Number: CD-24436

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: The Role of Male Caretaker in Munchausen Syndrome by Proxy.

Author: Jones, V. F.; Badgett, J. T.; Minella, J. L.; Schuschke, L. A.

Author Affiliation: Louisville Univ. School of Medicine, KY. Dept. of Pediatrics.

Source: Clinical Pediatrics; 32(4): pp. 245-247; Westminster Publications, Inc., Glenhead, NY., April 1993

Distributor: Westminster Publications, Inc.; 708 Glen Cove Ave., Glenhead, NY 11545; Tel: 516-759-0025; Fax: 516-759-5524

Index Terms:
munchausen syndrome by proxy; videotaping; confidentiality; father child relationships

Abstract:
This article describes a case of Munchausen Syndrome by Proxy (MSBP) in which the father was the perpetrator. This is a seldom-reported circumstance of MSP. MSP was not confirmed when a video camera was placed in the hospital room, due to technical difficulties. However, when presented with the facts, the father confessed, then later recanted his original statement. Characteristics of the male perpetrator, similar to those of the female, are outlined to alert the medical community to this emerging problem. The ramifications of videotaping and confidentiality are discussed. 13 references.

Document Number: CD-18783

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Parent Symptom Reports in Normal and Sexually Abused Prepubescent Females.

Author: Wells, R.; McCann, J.; Voris, J.; Adams, J.; Ensign, J.

Author Affiliation: Valley Medical Center, Fresno, CA. Dept. of Pediatrics.

Source: Conference on Responding to Child Maltreatment, San Diego, CA, January 24, 1992; 8 pp.

Distributor: Family Violence and Sexual Assault Institute; 1121 ESE Loop 323, Suite 130, Tyler, TX 75701; Tel: (903) 534-5100; E-mail: fvsai@mail.cspp.edu

Index Terms:
behavior changes; child behavior; symptoms; sexual abuse; comparative analysis; child abuse research; interviews; behavior problems

Abstract:
This study examines the results of a structured parent interview concerning symptoms associated with sexual abuse. Parent interviews were completed for 68 girls who were selected for nonabuse, 68 girls who were being treated at a sexual abuse clinic and who had a perpetrator confession, and 68 girls who were being treated at the same clinic and who did not have a perpetrator confession. Results indicate that parents of girls in both abuse groups, in contrast to the nonabuse group, reported increased symptoms, including sleep problems, fearfulness, emotional and behavioral changes, concentration problems, and sexual curiosity and knowledge. There were no significant differences concerning bedwetting, headaches, or other physical complaints. Results also show that, when contrasting the known with the suspected abuse samples, increased self-consciousness, nightmares, and fearfulness of being left alone were significantly more frequent in the known abuse cases. Results suggest that a structured parent interview is a promising method to develop more objective criteria for determining the likelihood of the occurrence of childhood sexual abuse. 5 tables.

Document Number: CD-15596

Publication Type: Proceedings Paper

Database: DOCUMENTS & ARTICLES

Title: Psychological Factors in Separation and Reunification: The Needs of the Child and of the Family.

Author: Rosenberg, L. A.

Author Affiliation: Johns Hopkins Univ. School of Medicine, Baltimore, MD.

Source: Children's Legal Rights Journal; 12(1): pp. 19-24; Buffalo, NY, William S. Hein and Co., Inc., Winter 1991

Internet URL: http://lawlib.wuacd.edu/hein/

Distributor: William S. Hein and Co., Inc.; 1285 Main St., Buffalo, NY 14209; Tel: (800) 828-7571; E-mail: wsheinco@class.org

Index Terms:
family reunification; removing child from home; separating child from parents; child custody; individual needs; visitation; case reports; placement

Abstract:
This article uses case examples to examine the relative merits of returning a child home, permitting visitation but not returning the child home, and permanently separating the family in child abuse and neglect cases. The emotional needs of the child should play an important role in the decision to reunite a family separated due to child abuse or neglect. Various factors influence the types and frequency of interaction to be permitted between abusive parents and a child living temporarily away from home, such as whether confession should be a prerequisite for visitation and the relative importance of the child's needs versus those of the parents. The issues bearing upon a final decision to reunite the family, including the individual characteristics of each family member, are discussed. 4 references.

Document Number: CD-13347

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Assessment of Child Sexual Abuse.

Author: Eby, L. A.

Author Affiliation: Fuller Theological Seminary. Graduate School of Psychology.

Source: Western Psychological Association Meeting, San Francisco, CA, April 25-28, 1991; 23 pp.

Distributor: Family Violence and Sexual Assault Institute; 1121 ESE Loop 323, Suite 130, Tyler, TX 75701; Tel: (903) 534-5100; E-mail: fvsai@mail.cspp.edu

Index Terms:
sexual abuse; evaluation methods; detection; literature reviews; unfounded reports; interviews; psychological evaluation; psychologists role

Abstract:
This paper addresses the lack of reliable and valid assessment tools available to the child psychologist in cases of alleged sexual abuse. Factors involved in the assessment of child sexual abuse are identified, including a projection or admission by the child, the credibility of the child's projection or admission taking into account developmental or suggestibility concerns, the interpretation by the assessor, the credibility of the assessor's interpretation, and a conclusive and definitive decision of whether the abuse occurred. Five recent articles that consider these factors and propose methods of assessing claims of sexual abuse are reviewed and critiqued. Consideration is given each proposal and its place in the future direction of assessing child sexual abuse. A conclusion that can be drawn from the studies reported in these articles is that child sexual abuse cannot currently be positively identified without the perpetrator confessing or incontrovertible physical evidence being found. In evaluating a child for sexual abuse, it appears that the best that can be hoped for is an assessment of the child's needs. 9 references. (Author abstract modified)

Document Number: CD-15526

Publication Type: Proceedings Paper

Database: DOCUMENTS & ARTICLES

Title: Suffocation, Recurrent Apnea, and Sudden Infant Death.

Author: Meadow, R.

Author Affiliation: St. James's Univ. Hospital, Leeds (England). Dept. of Paediatrics and Child Health.

Source: Journal of Pediatrics; 117(3): pp. 351-357; St. Louis, MO, Mosby-Year Book, Inc., September 1990

Internet URL: http://www.mosby.com

Distributor: Mosby-Year Book, Inc.; 11830 Westline Industrial Dr., St. Louis, MO 63146

Index Terms:
sudden infant death syndrome; homicide; detection; infants; maternal behavior; medical aspects of child abuse; symptoms

Abstract:
This article describes a study of 27 young children who were suffocated by their mothers. The certainty, or near certainty, of suffocation was based on reliable observation or recording of the suffocation, maternal confession, or successful prosecution in a criminal court. Eighteen of the children survived, although 1 has severe brain damage. Twenty-four were reported to have had previous episodes of apnea, cyanosis, or seizure, and 11 had had 10 or more such episodes that were either invented or caused by the mothers. Repetitive suffocation usually began between the ages of 1 and 3 months and continued until it was discovered, or the child died, 6 to 12 months later. The 27 children had 15 live elder siblings and 18 who had died suddenly and unexpectedly in early life. Thirteen of the dead siblings had had recurrent apnea, cyanosis, or seizures, and, although most of them at the time of death were certified as sudden infant death syndrome cases, it is probable that some were suffocated. Repetitive suffocation has a characteristic clinical presentation that should allow identification before brain damage or death occurs. The characteristics should also allow the cause of death of some cases of sudden infant death syndrome to be established more accurately. 29 references and 3 tables. (Author abstract)

Document Number: CD-13209

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Incest: Break the Silence, Break the Cycle.

Author: D'Avanzo, C. E.

Author Affiliation: Connecticut Univ., Storrs.

Source: RN; 53(10): pp. 34-36; Medical Economics Publishing Co., Inc., Montvale, NJ., October 1990

Distributor: Medical Economics Publishing Co., Inc.; 5 Paragon Dr., Montvale, NJ 07645; Tel: (201) 358-7200; Fax: (201) 573-8979

Index Terms:
nurses role; nurses responsibility; incest; sexual abuse; victims; identification; treatment

Abstract:
Directed to nurses, this article focuses on the importance of their understanding and support when encountering victims of incest. Victims of incest carry a heavy burden of guilt and shame, often for years. Acceptance and support can propel an incest victim into therapy or a self-help group and recovery. Nurses should be aware of the facts surrounding incest, be prepared to respond to a confession, and be alert to signs of distress in patients. 8 references.

Document Number: CD-13539

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Stolen Childhood. What You Need to Know about Sexual Abuse.

Author: Huskey, A.

Source: Downers Grove, IL, InterVarsity Press., 1990; 181 pp.

Distributor: InterVarsity Press; P.O. Box 1400, Downers Grove, IL 60515

Index Terms:
incest; sexual abuse; physical abuse; offenders; treatment; religion

Abstract:
This book presents a Christian perspective of the psychological, parental, and spiritual aspects of child sexual abuse. Indications that a child has been abused include: a confession, age-inappropriate sexual knowledge, sudden change in grades, fear of a specific person or situation, antisocial behavior, physical pain and irritation, indirect signs, and self-mutilating behavior. Abusers tend to have a poor parental model, isolative personalities, inability to define role boundaries, an addictive personality, and sexual compulsion. The book also discusses the disclosure of abuse and provides points for reflection for survivors of abuse. Numerous references.

Document Number: CD-15813

Publication Type: Book

Database: DOCUMENTS & ARTICLES

Title: Dealing with Denial.

Author: Furniss, T.

Author Affiliation: Tavistock Clinic, London (Great Britain). Child and Family Dept.

Source: In: Oates, R. K. (Editor). Understanding and Managing Child Sexual Abuse. Sydney (Australia), Harcourt, Brace, Jovanovich Group Pty Limited, 1990; pp. 242-257

Distributor: W. B. Saunders; The Curtis Center Independence Square West, Philadelphia, PA 19106-3399

Index Terms:
sexual abuse; intervention strategies; family therapy; defense mechanisms; disclosure

Abstract:
Guidelines are presented for working through a family's denial that sexual abuse occurred. Children, abusers, and other family members sometimes deny the existence of abuse because they are afraid of the consequences. Therapists need to address these fears before focusing on the facts of the abuse. Fourteen steps are outlined for working through denial in individual or family sessions. The steps include: addressing the underlying anxiety of feared disaster, understanding the function of denial, not pushing for facts and confessions, introducing the concept of responsibility, addressing secrecy, and building trust for disclosure. Relapse into secondary denial and tertiary denial by fathers is also discussed.

Document Number: CD-20940

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Psychological Factors in Separation and Reunification: The Needs of the Child and of the Family.

Author: Rosenberg, L. A.

Author Affiliation: Johns Hopkins Univ., Baltimore, MD. School of Medicine.

Source: In: Proceedings of the Fifth National Conference on Children and the Law, Arlington, VA, November 1-3, 1990; pp. 85-98

Internet URL: http://www.abanet.org

Distributor: ABA Center on Children and the Law; 740 15th St., NW, Washington, DC 20005-1009; Tel: (202) 662-1720; E-mail: ctrchildlaw@abanet.org

Index Terms:
family reunification; sequelae; separating child from parents; constitutional challenges; parental rights; childrens rights; best interests of the child; visiting privileges

Abstract:
This article explores the psychological factors involved in the separation and reunification of children with their families. The competition of legal matters with decisions made in the best interest of the child is explored and examples of when legal issues take precedence over a child's emotional needs are presented. The challenge of balancing the rights of a parent with the best interests of the child is also examined. Specific needs of the child are addressed, including being sensitive to the child's interpretation of a placement decision and the presence of positive attributes even in situations of negative parent-child relationships. Case vignettes illustrating severe abuse and visitation rights, and adoption and subsequent guilt of rejecting the biological parents are presented to illustrate the difficulty of balancing the best interests of the child with parental rights. The debate over whether parental confession should be a prerequisite of child visitation is also explored. Other issues of visitation are examined, including whose needs are paramount during visitation, the parent's or the child's; and the frequency and duration of visits. Psychological issues related to the final decision of reunification are addressed, including a discussion of the characteristics of the parent and child. 5 references.

Document Number: CD-25083

Publication Type: Proceedings Paper

Database: DOCUMENTS & ARTICLES

Title: Child Sexual Abuse: Relationship Between Sexual Acts and Genital Findings.

Author: Muram, D.

Author Affiliation: Tennessee Univ., Memphis. Dept. of Obstetrics and Gynecology.

Source: Child Abuse and Neglect; 13(2): pp. 211-216; Oxford (Great Britain), Elsevier Science, Ltd., 1989

Distributor: Elsevier Science, Customer Support Dept.; P. O. Box 945, New York, NY 10010; Tel: (888) 4ES-INFO; E-mail: usinfo-f@elsevier.com

Index Terms:
sexual abuse; genital injuries; physical examinations; diagnoses; identification

Abstract:
A comparison was made between the findings observed during the examination of female victims of sexual abuse with the sexual acts to which the perpetrator confessed to have performed. In Shelby County, TN, during the calendar years 1985-1987, 30 individuals confessed to have sexually assaulted 31 girls. The mean age of the girls was 9.1 years, and that of the offenders was 30 years. In 18 of the 31 cases the offender admitted to vaginal penetration. Specific findings were observed in 11 of these 18 (61 percent) girls, compared with only 3 of 13 (23 percent) girls when penetration was denied. Although specific findings were more commonly observed when the perpetrator admitted to vaginal penetration, in 7 of 18 girls (39 percent) the examiner described 2 cases with normal-appearing genitalia and 5 cases with nonspecific abnormalities only. It is concluded that all complaints of sexual abuse must be considered potentially valid and should be investigated further, even if the physical examination fails to detect any abnormalities. 12 references, 2 tables, and 1 figure. (Author abstract)

Document Number: CD-11981

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Child Sexual Abuse Allegations in Custody or Visitation Cases: A Report of 20 Cases.

Author: Jones, D. P. H.; Seig, A.

Author Affiliation: Park Hospital for Children, Oxford (England).

Source: In: Nicholson, E.B. and Bulkley, J. (Editors). Sexual Abuse Allegations in Custody and Visitation Cases. Washington, DC, American Bar Association, February 1988; pp. 22-36

Index Terms:
sexual abuse; false allegations; evidence; proof; investigations; child custody; psychological interviews; case reports

Abstract:
This chapter examines the characteristics of 20 cases evaluated at the C. Henry Kempe Center where both child sexual abuse allegations and a parental custody dispute coexisted. Methods of clinical evaluation included: review of prior materials; interviews with the child and current care givers; and interviews with the child in the company of the alleged abuser. Results reported information in the following areas: clinical validation; who made the report; vindictiveness between adults; emotional disturbance in the accuser; abnormal parent/child relationships; emotional disturbance in the perpetrator; timing of allegation; the child's emotional state; physical evidence; confessions; polygraph tests; and type of court in which the cases were heard. In the fictitious cases, no criminal charges were filed against those accused. An appendix gives supplementary methods of clinical evaluation. 11 references, 2 tables, and 1 figure.

Document Number: CD-09683

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Criteria for Judging the Credibility of Children's Statements About Their Sexual Abuse.

Author: Faller, K. C.

Author Affiliation: Michigan Univ., Ann Arbor. School of Social Work.

Source: Child Welfare; 67(5): pp. 389-401; Washington, DC, Child Welfare League of America, Inc., September-October 1988

Internet URL: http://www.cwla.org

Distributor: CWLA c/o PMDS; P. O. Box 2019, Annapolis Junction, MD 20701-2019; Tel: (800) 407-6273; E-mail: cwla@pmds.com

Index Terms:
sexual abuse; child witnesses; false allegations; evidence; proof; unfounded reports; evaluation methods; competency

Abstract:
Aspects of the victim's statements and behavior during a diagnostic interview were studied for indications that an allegation of sexual abuse is true: information about the context of the abuse; the description or demonstration of sexual victimization; and the victim's emotional state. One hundred and three cases of sexual abuse in which the perpetrators had confessed to some level of abuse were examined to see if the children's statements met characteristics clinically attributed to a true allegation. Results suggest that the 3 criteria of context description, sexual description, and emotional response are valid predictors of whether children have been sexually abused and should continue to be used. However, these criteria were somewhat less reliably found in boys' statements than in girls'. Findings further suggest that it is appropriate to regard partial and indirect admissions by alleged offenders as confessions. 36 references and 4 tables.

Document Number: CD-10386

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Physical and Sexual Child Abuse: Implications for Middle Level Professionals.

Author: Milgram, J.

Author Affiliation: Cincinnati Univ., OH.

Source: In: McClellan, M. C. (Editor). Child Abuse. //Hot Topics Series//. Phi Delta Kappa, Bloomington, IN. Center on Evaluation, Development, Research, March 1987; pp. 87-91

Index Terms:
sexual abuse; physical abuse; educational programs; teachers responsibility; teachers role; adolescents; child abuse reporting

Abstract:
This article offers advice to middle school educators on dealing with child maltreatment, particularly sexual abuse. Judging the quality of prevention curricula is discussed. Difficulties that some teachers have discussing abuse are analyzed. Suggestions are provided for dealing with confessions of abuse from students, with tips on separating fact from fiction. It is concluded that teachers can no longer avoid this issue, since society expects the educator to be in the forefront of the effort to prevent and report child maltreatment.

Document Number: CD-10360

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Confidentiality and Mandatory Reporting: A Clergy Dilemma?

Author: Fortune, M. M.

Source: In: Pellauer, M. D., Chester, B., and Boyajian, J. A. (Editors). Sexual Assault and Abuse. A Handbook for Clergy and Religious Professionals. San Francisco, CA, Harper and Row, 1987; pp. 198-205

Index Terms:
sexual abuse; physical abuse; clergys role; mandatory reporting; ethics; confidentiality; counselors role; clergys responsibility

Abstract:
The perceived conflict of ethical demands between confidentiality and mandatory reporting in cases of child abuse is discussed as it relates to the clergy and religious professionals. Confidentiality has been the ethical responsibility of a professional in a counseling relationship and is usually assumed even in the absence of a specific request from a client. Spiritual issues surrounding confidentiality are examined, and the professional's responsibility to victims of abuse is reviewed. In practice, ethical issues can be less confusing because the offender seldom confesses voluntarily; the victim is more likely to come to a clergyperson seeking assistance. A case history illustrates the conflict of obligations clergy can feel. It is concluded that there is seldom a clear and unambiguous option but the religious professional can play a vital role in supporting the efforts of those who have been harmed to get help.

Document Number: CD-11938

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Can a Three-year Old Child Bear Witness to Her Sexual Assault and Attempted Murder?

Author: Jones, D. P. H.; Krugman, R. D.

Author Affiliation: Colorado Univ. School of Medicine, Denver. Kempe National Center.

Source: Child Abuse and Neglect; 10(2): pp. 253-258; Oxford (Great Britain), Elsevier Science, Ltd., 1986

Distributor: Elsevier Science, Customer Support Dept.; P. O. Box 945, New York, NY 10010; Tel: (888) 4ES-INFO; E-mail: usinfo-f@elsevier.com

Index Terms:
sexual abuse; child witnesses; case studies; testimony; competency; interviews; evaluation methods

Abstract:
The accuracy of child testimony is considered in a case study of a 3-year-old girl victim of abduction, sexual abuse, and attempted murder. The victim was found 70 hours after the abduction, and initial interviews about the offense were conducted 5 days later. The child identified the suspect in a line-up at this time. Additional interviews were conducted 14 days after the abduction to assess the child's reliability and suggestibility. She was able to identify the suspect in line-up photographs in which he was present and noted his absence in those where he was not. Interviews with dolls and toys elicited additional details about the abduction and sexual abuse that were consistent with the child's initial account. On the basis of these evaluations and the suspect's prior history of sexual abuse, a trial was ordered. Because the child was demonstrating a number of post-traumatic symptoms, the judge permitted a videotaped interview, conducted 6.5 months after the abduction, to be used. An eventual confession by the suspect largely confirmed the child's account of the offense. The case highlights the ability of very young children to recall accurately and relate their victimization. It also illustrates the utility of interviewing techniques in establishing the child's credibility as a witness and in eliciting information. 20 notes and references.

Document Number: CD-08619

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Confidentiality and Mandatory Reporting: A Clergy Dilemma?

Author: Fortune, M. M.

Author Affiliation: Center for Prevention of Sexual and Domestic Violence, Seattle, WA.

Source: Connections in the Prevention of Child Sexual Abuse; 1(2): pp. 6-8, 20, Spring 1986

Index Terms:
confidentiality; right of privacy; child abuse reporting; ethics; privileged communications; professional privilege; churches role

Abstract:
Increasing controversy surrounds the issue of mandatory reporting by the clergy of child abuse. Ethical and practical values sustain a commitment to confidentiality by the clergy. Confidentiality rests in the context of spiritual issues, most particularly in those religions in which confession is sacramental. However, in regard to child abuse it is most essential to protect the one victimized by the actions of another. Premises of confidentiality, strong through they are, cannot support practices of secrecy contradicting the very respect for persons and human bonds that confidentiality was meant to protect. 6 references.

Document Number: CD-09622

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: When Solace Ends and Crime Begins: Clergy and Confidentiality.

Author: Reynolds, B.

Source: Connections in the Prevention of Child Sexual Abuse; 1(2): pp. 4-5, Spring 1986

Index Terms:
child abuse reporting; religious immunity; confidentiality; counseling

Abstract:
The dilemma that confronts a Roman Catholic priest when he hears a confession involving a crime (such as child abuse) is discussed. Since the confidentiality of confession is inviolable, priests--like other professionals whose jobs involve some measure of confidentiality--must find ways to address confessed problems or crimes without violating the confidence. A distinction is made between sacramental confidence and professional confidence; priests must often deal with both kinds of confidence, since many priests are involved in counseling. In the case of child abuse, the priest can instruct the penitent to seek psychological counseling; the abuser would thus receive needed therapy, while the counselor could report any suspected incident of child abuse that emerges in a counseling session. Any confidence not disclosed in sacramental confession must be weighed against the welfare of the individual and the common good, using the best judgment of the priest.

Document Number: CD-09627

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Polk County Intra-family Sexual Abuse of Children Program. Project Evaluation.

Institutional Author: Polk County Attorney, Des Moines, IA.

Source: Polk County Attorney, Des Moines, IA, August 1984; 111 pp.

Index Terms:
program evaluation; iowa; incest; family therapy; program coordination; childrens therapy; legal processes

Abstract:
This Polk County (Iowa) Intra-Family Sexual Abuse Program (IFSAP) evaluation report assesses the effectiveness of program coordination; intervention with the family; and juvenile court, treatment, and prosecution components. It also contains a history and description of IFSAP, a discussion of the evaluation and assessment design, and a summary of recommendations. Four approaches were used in the evaluation: a structured questionnaire administered to staff, analysis of case assessment forms, analysis of criminal courts' disposition information on each alleged offender, and program participant assessment. A total of 35 recommendations and evaluation results pertaining to program coordination cover effectiveness of the weekly meetings, the training and procedures, and public education efforts. The program's investigative component is examined, with attention to problems in the Des Moines Police Department, joint child protective and law enforcement investigations, investigative interviews, timeliness of incest investigations, thoroughness and usefulness of investigations, access to the assistant county attorney, immediate notification about incestuous families to IFSAP program manager, and arrest and confession rates in incest cases. An assessment of intervention effectiveness with the family considers victim protection, timely and effective intervention, and efforts to address family needs. Evaluation of the juvenile court component examines timeliness of intake, provision of a guardian ad litem, juvenile court monitoring, protection afforded through the court, efforts to meet immediate and long-term needs of victim and family, and sensitivity to the victim's needs. The treatment component section evaluates treatment coordination, immediacy, adequacy, and timeliness. Evaluation of the prosecution component involves reviewing the number of prosecutions and convictions, case monitoring, and sentencing. The questionnaires and tabular data are provided.

Document Number: CD-07570

Publication Type: Technical Report

Database: DOCUMENTS & ARTICLES

Title: The Battered Child: A Study of the Role of Services in 25 Cases of Child Abuse in The Netherlands.

Author: Wolters, W. H.G.; Dekker-Roelofs, M. A. S.

Author Affiliation: The Wilhelmina Children's Hospital, Utrecht (The Netherlands). University Clinic.

Source: Child Abuse and Neglect; 7(3): pp. 301-307; Oxford (Great Britain), Elsevier Science, Ltd., 1983

Distributor: Elsevier Science, Customer Support Dept.; P. O. Box 945, New York, NY 10010; Tel: (888) 4ES-INFO; E-mail: usinfo-f@elsevier.com

Index Terms:
family services; europe; child protective services; program coordination; interagency cooperation

Abstract:
The role of services in helping abused children and their families in the Netherlands was investigated via questionnaires and a study of 25 child abuse cases seen between 1973 and 1976. The course of assistance given by various services and social workers involved in these cases was followed, and the extent of coordination and cooperation between them was assessed. The effectiveness of such services also was evaluated. Initially, when child abuse has reached the crisis stage, many different groups give immediate assistance to both the child and the parents. Later, as help continues, it is unclear which of the organizations or individuals involved is actually in charge of the case. Abused children came from multiproblem families who often had previous contact with care or welfare services, although no steps had been taken to intervene before ill-treatment was verified. Many of the parents confessed to child abuse and expressed a desire for help. Abused children were subjected to longer-than-usual hospitalization due to lack of reception facilities outside the hospital. Most children requiring hospitalization as a result of abuse were placed out of the home, although half the parents disagreed with that decision. Of children later returned to their parents, over half had to be removed for renewed abuse or neglect. In most cases, no one person was clearly responsible for coordinating welfare services. Because of the nature of child abuse and the multiple problems and disturbances found in association with it, care servcies for the battered child should be incorporated within a general mental health organization responsible for treatment coordination and execution.

Document Number: CD-07056

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Child Abuse: A Practical Guide for General Practitioners.

Author: Senycia, L. M.; Goddard, C. R.

Author Affiliation: Royal Children's Hospital, Melbourne (Australia).

Source: Australian Family Physician; Royal Australian Coll. of General Practitioners, S. Melbourne, VIC (Australia), August 1982

Distributor: Royal Australian Coll. of General Practitoners; 1 Palmerston Crescent; Tel: 61-3-92141414; Fax: (613) 921-41401; E-mail: bvassil@medeserv.com.au

Index Terms:
physicians role; detection; diagnoses; intervention; guidelines

Abstract:
Child abuse is defined, and indicators of child abuse (unexplained injury, delay in parents seeking medical attention, repeated injuries, bruising, burns, sexual abuse, and failure to thrive) are discussed. The general practitioner must be educated and continually aware of the possibility that a child has been abused; and he must realize that it is the infliction of injury, rather than the severity, which determines intervention. Interviewing skills are discussed, and general practitioners are advised not to confront the parents at the initial presentation. Attempts to force a confession can unnecessarily provoke parents and make future efforts to help more difficult. 7 references.

Document Number: CD-05851

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Child Abuse Presenting as Apparent Near Miss'' Sudden Infant Death Syndrome.

Author: Minford, A. M. B.

Author Affiliation: Bradford Children's Hospital, Bradford (England).

Source: British Medical Journal; 282(6263): p. 521; London (England), BMJ, February 14, 1981

Internet URL: http://www.bmj.com

Distributor: Editor, BMJ; BMA House, Tavistock Square; E-mail: editor@bmj.com

Index Terms:
differential diagnoses; sudden infant death syndrome; psychopathology; england; maternal abuse

Abstract:
A 4-month-old boy was treated in a hospital after an apnoeic episode at home. The child's mother, who had no psychiatric history, suffered from depression and suicidal thoughts and had been confined to a hospital from the fifteenth week of pregnancy until delivery because of bronchiectasis. On admission, the infant was pale and hypothermic but centrally pink. Treatment involved gradual warming and intravenous antibiotics. One week after his admission, the mother also was admitted after taking a drug overdose. She was referred for psychiatric evaluation at which time she confessed to holding the child's nose until he became apnoeic. Adequate background information should be obtained in cases of apparent near-miss sudden infant death syndrome. This should include details of maternal psychiatric illness, marital or family stress, and any contact with a social worker. 3 references.

Document Number: CD-04663

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: The Incestuous Family.

Author: Cohen, T.

Source: Social Casework; 62(8): pp. 494-497; Milwaukee, WI, Families International, Inc., October 1981

Distributor: Editor, Families in Society; 11700 W. Lake Park Dr., Milwaukee, WI 53224-3099; E-mail: fis@fsanet.org

Index Terms:
epidemiology; sexual abuse; incest; marital conflicts; sequelae; individual characteristics; therapists role

Abstract:
Epidemiological studies estimate that the number of children abused sexually is many times greater than that of children suffering from the battered child syndrome. Further, these studies point out that in the majority of reported cases, the offenders are known to the child; they are either family members or friends of the child's family. The most common incest is between father and daughter; many cases of this type of incest are being reported not by the mother but rather by the daughter. Observations of these families show that the marital relationships are extremely pathological and that the mothers hold long-standing, pervasively hostile, and contemptuous attitudes toward their husbands. The incestuous relationship between brother and sister is frequent but seems to be less harmful, because of its transitory and experimental nature. However, when the participants are an older sister and a younger brother, potential is far more harmful due to the semi-maternal aspect of such a relationship. Mother-son incest is rare and the relationship is considered more pathological than other types. Father-son incest is considered very traumatic. The long-range consequences of incest on a child who reaches adulthood are not yet fully explored. The psychological and social effects, however, depend on many variables including the age of the child. Social workers' clinical impressions of adult clients who experienced incest in their childhood reveal that they are anxious and depressed, struggling to control aggressive impulses; their marital relationships are poor; their feelings for their spouses are rather shallow; and their perception and understanding of the marital relationship are limited. The classic incestuous family has the appearance of an adjusted, well-functioning unit; however, many of the maternal responsibilities are delegated to the daughter. The mother is usually nice, but is ineffectual. The father is usually drunken, works only sporadically, and given to violent outbursts. Everyone in the family has an investment in maintaining this pattern as a defense against possible family disintegration. Most clients reveal the incest early in therapy with a great deal of anxiety and guilt. The therapist should facilitate and enable the client to discuss or confess an incestuous relationship, because in the transferential relationship, the therapist becomes the parent in whom the client can finally confide.

Document Number: CD-05001

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Investigation of Incest: Opportunity to Motivate Families to Seek Help.

Author: McCarty, L. M.

Author Affiliation: Texas State Dept. of Human Resources, Dallas. Incest Treatment Program.

Source: Child Welfare; 60(10): pp. 679-689; Washington, DC, Child Welfare League of America, Inc., December 1981

Internet URL: http://www.cwla.org

Distributor: CWLA c/o PMDS; P. O. Box 2019, Annapolis Junction, MD 20701-2019; Tel: (800) 407-6273; E-mail: cwla@pmds.com

Index Terms:
incest; investigations; models; case management

Abstract:
A model for the investigation of incest reports is presented. The goal of this model is to provide protection for the victim, allow the child to remain safely in the parents' home, prepare the family for entry into treatment, and instill motivation that will keep the family in treatment until it is ready for discharge. The first step in the investigatory procedure is to give emotional support to the victim during the interview and obtain a notarized statement attesting to the abuse. During a separate interview, the victim's mother is given encouragement to believe and help her child in the criminal prosecution of the perpetrator. A separate interview with the perpetrator takes place without advance warning that the incest has been reported to the authorities. He is confronted with the allegation and urged to confess, to accept full responsibility, and to enter treatment. This model is illustrated by a case example from the files of the child welfare unit serving Dallas County in Texas.

Document Number: CD-05069

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: The Corroboration of Sexual Victimization of Children.

Author: Lloyd, D. W.

Author Affiliation: Children's Hospital National Medical Center, Washington, D.C.

Source: In: Bulkley, J. (Editor). Child Sexual Abuse and the Law. National Legal Resource Center for Child Advocacy and Protection, Washington, D.C., July 1981; pp. 103-124

Index Terms:
sexual abuse; evidence; trials; legal processes

Abstract:
Whenever a report of a sexually abused child becomes the basis for a juvenile or criminal court proceeding, there is usually a need for evidence in addition to the child's testimony. Such corroborative evidence usually is less important in juvenile court child protective proceedings than in a criminal prosecution or delinquency case where the burden of proof is much higher. In criminal proceedings, a prosecutor needs additional evidence to (1) overcome the societal myths surrounding the sexual victimization of children that the fact-finder (jury or judge) may believe in order to prove a defendant guilty beyond a reasonable doubt; (2) avoid a directed verdict of acquittal by the judge in those jurisdictions that have imposed a requirement of corroboration by statute or judicial decision in prosecutions for sex offenses; and (3) avoid an appellate court reversal of a conviction due to insufficiency of evidence. The necessity for corroboration as a legal requirement is deduced from 2 premises: (1) sexual offenses have unique problems of complainant credibility; and (2) children have unique problems of complainant credibility. In addition to eyewitness testimony and a confession by the accused, corroboration may include medical evidence, testimony about the child's emotional condition and unusual behavior, a child's prompt complaint, and evidence suggestive of the sexually abused child syndrome. The corroboration rule is an undesirable feature of prosecutions for sexual offenses committed upon a child because (1) it is based on questionable assumptions about the nature of the prosecutions and the credibility of child witnesses; (2) there are misconceptions and myths about the nature of the victimization, a child's behavior, and parental response to disclosure; (3) it inhibits prosecution (there is evidence indicating that police do not fully investigate sexual abuse cases if corroboration is not immediately apparent); and (4) it is not needed to protect innocent defendants from being unjustly convicted. 107 references.

Document Number: CD-05259

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Recurrent Acute Renal Failure Due to Nonaccidental Poisoning With Glafenin in a Child.

Author: Proesmans, W.; Sina, J. K.A.; Debucquoy, P.; Renoirte, A. M.; Eeckels, R.

Author Affiliation: Gasthuisberq Univ. Hospital. Leuven (Belgium) Dept. of Paediatrics.

Source: Clinical Nephrology; 16(4): pp. 207-210; Dustri-Verlag, Deisenhofen (West Germany)., October 1981

Distributor: Dustri-Verlag; Bahnhofstrasse 9 Postfach 49, D-8024; Tel: (089) 613-5041

Index Terms:
literature reviews; case reports; poisoning; medical aspects of child abuse; child abuse; detection

Abstract:
This case study reports a nonaccidental poisoning of a 7-year-old child with glafenin, an analgesic commercially available in many European countries whose reported side effects include acute renal failure. A 7-year-old boy with a history of many different illnesses was admitted to the hospital because of recurrent attacks of acute renal failure over an 18-month period. Each attack was accompanied by a fluorescent yellow discoloration of his urine. Laboratory data and the kidney biopsy were consistent with acute tubulo-interstitial nephritis. The parents denied their son had access to drugs other than clonidine, although the child declared that his mother regularly gave him some medicine that she kept in her handbag. Although the parents maintained their initial story, daily contacts with the boy in a play setting and toxicologic examination of his urine finally led to the conclusion that the mother systematically poisoned the child with glafenin. When confronted with the diagnosis, the boy's mother broke down and confessed. A review of the clinical and experimental literature on glafenin-related disease documents its nephrotoxicity. However, this report is the first case of glafenin intoxication in a child and the first case of kidney disease as a pharmacological form of child abuse. 24 references.

Document Number: CD-06948

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Comprehensive Examination for Child Sexual Assault: Diagnostic, Therapeutic, and Child Protection Issues.

Author: Sgroi, S. M.

Author Affiliation: Mount Sinai Hospital, Hartford, Conn. Dept. of Ambulatory and Community Medicine.

Source: In: Burgess, A. W. (Editor). Sexual Assault of Children and Adolescents. Lexington, Mass., D. C. Heath and Co., 1978; pp. 143-157

Index Terms:
medical evidence; sexual abuse; identification; medical examiners; physical examinations; medical aspects of child abuse

Abstract:
Guidelines are provided for a comprehensive examination of the target child for signs of sexual assault. The ideal situation would include a professional who is highly knowledgeable about the phenomenon and has already developed relationships with other community agencies who have the capacity to perform some or all of the component parts of the comprehensive examination. The examination should include a complete medical evaluation and interviewing of the child, medical evaluation and interviewing of siblings, interviewing the caretaking adults, interviewing the suspected perpetrators, and careful observation of interaction between family members, especially vis-a-vis the target child. Sperm recovered from the vagina or genital-rectal region of a female child, pregnancy, genital or rectal trauma in children of both sexes, gonorrheal infection of the vagina of female children, or the pharynx, urethra, and-or rectum in children of both sexes, foreign bodies in the vagina of female children or in the urethra or rectum of both sexes, statement of sexual assault by the target child, corroborating statements of sexual assault by others, confession by the perpetrator, other physical evidence of trauma supporting the child's statement, and supporting material evidence may be used as evidence of child sexual assault. A clinical case of incest, access to the child victim, and methodology for the medical examination are also discussed. 7 references.

Document Number: CD-05437

Publication Type: Chapter in Book

Database: DOCUMENTS & ARTICLES

Title: Police vs. Child Abuse: Protecting the Victim Comes First.

Author: Bernstein, D.

Source: Police Magazine; 1(5): pp. 59-63, November 1978

Index Terms:
police role; service coordination; interagency cooperation; social workers role; physicians role; community resources; background investigations; community programs

Abstract:
Guidelines are provided by which police officers can take the initiative to develop a more coordinated and effective approach to dealing with child abuse cases. Battered children too often are suspect to the conflicting concerns of police, social workers, and physicians. A program developed at the Tucson, Arizona, Police Department is described which makes maximum use of community and police resources to protect the abused child and to prevent the parents or perpetrators from assaulting the child again. the unit's success depends on the willingness of police, social workers, and physicians to share once jealously guarded information. When a child abuse case is reported, the police and social worker are called to the hospital, and the physician immediately describes the cause of the injury. If child abuse is evident, the child is placed in protective custody by the social worker, and the police investigate the incident and the background of the family to determine whether a battered child syndrome is present. Uniformed officers at the police department are trained in proper procedures to be used at the scene of child abuse incidents. A low-key approach by the police officer is the most effective way to get and abusive parent to confess to abusing his or her child. Techniques and recommendations are presented for replication of this special child abuse unit in other police departments.

Document Number: CD-06368

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Relationships of Head Injury and Child Abuse.

Author: Carter, J. E.; Gayou, R.

Author Affiliation: British Columbia Univ., Vancouver. Dept. of Pediatrics.

Source: British Columbia Medical Journal; 18(2): pp. 50-52; British Columbia Medical Association, Vancouver, BC (Canada)., February 1976

Distributor: British Columbia Medical Association; 115-1665 W. Broadway; Tel: (604) 736-5551; Fax: (604) 733-7317; E-mail: cupton@bcma.bc.ca

Index Terms:
head injuries; subdural hematomas; diagnoses; hospitals role

Abstract:
A study of the relationship of head injuries to child abuse was undertaken in Vancouver hospitals. Of 284 admissions of children less than 4 years old for serious head injuries resulting from causes other than motor vehicle accidents, 30 were judged to be caused by child abuse. In 2 cases, abuse was confessed, and in a further 9 there was no question that abuse had occurred. In the remaining 19 there was a very high index of suspicion, based on unreliable or inconsistent history or corroborative physical findings. Six illustrative cases are briefly presented. The importance of the history is underscored. The mean age of the abused children was 12.8 months while that of nonabused children was 20.7 months. Subdural hematoma occurred in 7 of the 30 abused children, but in only 1 of 118 cases considered to be from legitimate injury. Only half of the cases were referred to a social agency for follow-up. 16 references.

Document Number: CD-01453

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Conviction of Forcible Rape of a 15-Year-Old Daughter--Reversed.

Source: Sex Problems Court Digest; 6(1): p. 2, January 1975

Index Terms:
michigan; sexual abuse; state supreme courts; sex offenses; legal rights

Abstract:
The Supreme Court of Michigan reversed a lower court conviction of a 60-year-old man for forcible rape of his 15-year-old daughter on technical legal grounds. The alleged confession was not supported by testimony beyond a reasonable doubt that the statements were made after the defendant had waived his constitutional rights. Nor did the court admit the editorialized version of the defendant's statements by the arresting officer. Further, the jury had not been properly instructed regarding the element of penetration. A second case against the same defendant was also reversed because a physician's testimony should not have been admitted, since his examination was based on the prosecutrix's factual history of the alleged rape.

Document Number: CD-00902

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Legal Rights of Children.

Author: Weinstein, N.

Author Affiliation: Saint Louis County Circuit Court, Clayton, Mo.

Source: Saint Louis County Circuit Court, Clayton, Mo., June 1973; 41 pp.

Index Terms:
childrens rights; parental rights; courts; legal processes

Abstract:
This comprehensive outline of the rights of children begins with the development of differential treatment of children in the legal system and a discussion of children as chattels of the family unit. Parents' rights versus children's rights and the right to counsel in neglect and dependency matters are reviewed. Case documentation is provided in each area. With regard to neglect and dependency cases, matters of vagueness of statutory language, pretrial discovery, prehearing, jurisdiction, disposition, and post-dispositional proceedings are covered, as is evidence and the standard of proof. Similar matters relating to delinquency are outlined, and, in addition, arrest or custody, search and seizure, confessions, waiver of rights, lineup and right to counsel, probable cause, bail, and notice of charges are included. Transfer from juvenile to criminal court is considered, and related matters such as burden of proof, jury trials, confrontation, cross examination, and incrimination are discussed. The review closes with an outline of disposition, the right to treatment, and the inherent power of the juvenile court.

Document Number: CD-01052

Database: DOCUMENTS & ARTICLES

Title: Child Murder by Parents: A Psychiatric Review of Filicide.

Author: Resnick, P. J.

Author Affiliation: Case Western Reserve Univ., Cleveland, Ohio. Dept. of Psychiatry.

Source: American Journal of Psychiatry; 126(3): pp. 325-334; Washington, DC, American Psychiatric Press, Inc., September 1969

Internet URL: http://www.appi.org

Distributor: American Psychiatric Press, Inc.; 1400 K St., NW, Washington, DC 20005; Tel: (800) 368-5777; Fax: (202) 789-2648; E-mail: ggilliam@appi.org

Index Terms:
infanticide; psychoses; abusive parents; homicide; battered child syndrome; prevention

Abstract:
Reports of 131 cases of filicide (murder of a child older than 24 hours by its parents) have been reviewed. Mothers comprised two-thirds of the murderers, were frequently judged psychotic, and covered a wide range of ages, whereas fathers were less frequently psychotic and were usually in their late twenties. Fathers tended to use more violent means than mothers. The victims were equally distributed as to sex and were most vulnerable in the first 3 years of life (nearly a third were less than 6 months). A new classification of filicide, by apparent motive, is proposed: (1) The ''altruistic'' filicide may be done in association with suicide or to relieve the victim of suffering. (2) The ''acutely psychotic'' filicide may be completed under the influence of delirium, epilepsy, or hallucinations. (3) The ''unwanted child'' filicide may be carried out due to illegitimacy, extramarital paternity, or financial pressures. (4) The ''accidental'' filicide is closely akin to the ''battered child syndrome'' and often involves overvigorous punishment. (5) The ''spouse revenge'' filicide is done to deliberately bring suffering to the marital partner. Many cases exhibit mixed motives. Perpetrators of types 1 and 2 filicides tend to confess spontaneously and show recovery from their symptoms shortly after the deed. Types 3 and 4, in contrast, usually attempt to conceal the deed. The spouse of a perpetrator, while initially abhoring the murderer has been known to become reconciled to their partner. Fathers who commit filicide are more frequently jailed or executed than mothers, who are more often hospitalized. However, perpetrators of types 3, 4, and 5 filicides are always punished criminally. That psychiatrists frequently spoke to the murderer shortly before the filicide, indicates that psychiatrists are insufficiently aware of possible filicide. 64 references.

Document Number: CD-00844

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES

Title: Ten Leading Cases of the Past Year.

Author: Pye, A. K.

Author Affiliation: Georgetown Univ., Washington, D.C. Law Center.

Source: Juvenile Court Judges Journal; 15(3): pp. 5-13, Fall 1964

Index Terms:
dependency; juvenile courts; court case dispositions; schizophrenia; mother child relationships; judicial role; psychiatric diagnoses; case studies

Abstract:
This review of 10 leading court decisions in the field of juvenile court law covers the topics of arrest of juveniles, confessions, right to counsel, waiver of jurisdiction, interinstitutional transfers, double jeopardy, dependency, and racial demonstrations. The dependency case came to hearing on the petition of a caseworker which alleged that two children were dependent and that the environment of the children was such as to warrant the State assuming guardianship over them. It was alleged that the children lacked proper care by reason of the mother's mental condition. The court found that the evidence of mental illness was not in itself sufficient to justify a finding of dependency. The court required substantial evidence that the parent was unable to care for the children because of her mental illness, and little or no evidence of this nature had been introduced. The court arranged for the mother to be seen at a psychiatric hospital weekly, while the children were supervised at home by an experienced social worker. The court postponed its decision pending final reports from the psychiatrists and the social worker. These reports finally warranted a finding that the children were not dependent. 6 references.

Document Number: CD-07317

Publication Type: Journal Article

Database: DOCUMENTS & ARTICLES