RD2 - Child Abuse (Draft)

  • Published: 1974
  • Author: Joint House and Senate Subcommittee on Child Abuse
  • Enabling Authority: House Joint Resolution 228 (Regular Session, 1973)

Executive Summary:

In recent years, the number of reported cases of child abuse and neglect has spiraled upward at an alarming rate. In Virginia, communities, both urban and rural, which have undertaken child abuse and neglect prevention programs, have found that child abuse and neglect is a very serious problem. Many persons throughout the Commonwealth have become aware that the procedures for handling these tragic cases and the State legislation dealing with such cases has fallen far short of their expectations. For several years, persons dealing with all aspects of child abuse have indicated that there is a need for stronger legislation on this subject and a more comprehensive method of dealing with this subject. As a direct response to this need, the General Assembly at its 1973 Session passed House Joint Resolution No. 228 which follows:

HOUSE JOINT RESOLUTION NO. 228

"Authorizing the Committee on Health, Welfare and Institutions of the House of Delegates and the Committee on Education and Health of the Senate to study and report on the child abuse or neglect laws of the Commonwealth.

Whereas, the categories of persons charged with the responsibility of reporting child abuse or neglect under § 16.1-217.1 of the Code of Virginia are limited and do not include school teachers, school principals, law enforcement officers, ministers, psychologists, personnel of departments of public welfare other than registered and associate social workers, and other responsible persons who might otherwise have knowledge of such neglect or abuse but not fearful of reporting such, since they are not mentioned in current law; and

Whereas, only children under the age of sixteen are covered under current law, while a person does not attain the age of majority until age eighteen; and

Whereas, current law provides that abuse or neglect shall be reported only to 'juvenile and domestic relations court of the county or city in which the child resides, or in which the injury is believed to have occurred or to the sheriff or chief of police of such county or city' both of which may be threatening in terms of rehabilitative work with those abusing the child, and there is no other agency or combination of agencies mentioned in law to which abuse or neglect reports can be made for investigation; and

Whereas, there is no present provision for a central information center on child abuse or neglect which might be shared throughout the Commonwealth with appropriate private agencies, hospitals or physicians; and

Whereas, there presently is no adequate program in Virginia for treatment of parents who abuse their children; and

Whereas, it is recognized that children are the most valuable resource of this Commonwealth; now, therefore, be it

Resolved by the House of Delegates, the Senate concurring, That the Committee on Health, Welfare and Institutions of the House of Delegates and the Committee on Health, Welfare and Institutions of the House of Delegates and the Committee on Education and Health of the Senate are authorized, jointly and severally, to study and report on the possible need to strengthen the Commonwealth's child abuse or neglect laws with special emphasis on rehabilitative programs for the parents of abused children and on the development of procedures encouraging the reporting of incidents of child abuse.

All agencies of the State shall assist the Committees in their study. The Committees may conclude their study and make a final report to the General Assembly no later than September one, nineteen hundred seventy-three."

Pursuant to his authority under this Resolution, Delegate John Gray of Hampton, acting Chairman of the House Committee on Health, Welfare and Institutions, appointed Delegates Robert Gwathmey of Hanover, Donald G. Pendleton of Amherst, Mary A. Marshall of Arlington, William P. Robinson, Sr., of Norfolk, Eleanor P. Sheppard of Richmond, Frank M. Slayton of South Boston and himself to serve on the Joint Subcommittee. Senator Hunter B. Andrews of Hampton, Chairman of the Senate Committee on Health and Education) appointed Senators John C. Buchanan of Wise, Edward M. Holland of Arlington, Paul W. Manns of Bowling Green and David F. Thornton of Salem. Delegate Gwathmey was chosen to serve as Chairman of the Joint Subcommittee.

Governor A. Linwood Holton, pursuant to the Resolution's directive that all State agencies assist in the study, appointed a fourteen-member task force to study the problems of child abuse and report to the Joint Subcommittee on Child Abuse and the Secretary of Human Affairs, Otis L. Brown. The task force's directive was to give specific attention to strengthening the legislation concerning child abuse, providing a system for reporting child abuse cases and devising a method for following up on such reports. Due to the time constraint, the task force's report was limited to the recommendation of legislative changes.

The Joint Subcommittee, in early summer, undertook on exhaustive and comprehensive investigation of child abuse in the Commonwealth. This investigation began with a fact-gathering stage which included collection of as much printed data as possible concerning the problem of child abuse and neglect and the method by which this problem has been confronted in other states. In addition, the Commission held five public hearings around the Commonwealth to gain firsthand knowledge of the facts concerning the problem of child abuse and neglect in this Commonwealth and the methods by which the various communities are dealing with such problem.