Child Neglect: A Historical Perspective On Legal Recognition

Child neglect is a form of child abuse that is often passive in nature, with caregivers failing to provide for a child's basic physical, emotional, psychological, or educational needs. While child abuse has only been recognised since the late 19th century, with Great Britain adopting the first child protection laws in 1889, the understanding of child neglect has evolved more recently. The complexity of child neglect, which can be influenced by factors such as mental disorders, substance use, and domestic violence, poses challenges in defining and addressing it effectively. However, it is now widely recognised as a serious issue, with almost all states in the US identifying certain persons as mandatory reporters of child neglect.

Child neglect laws in the US

Child neglect is a form of child abuse in which a parent or caregiver fails to fulfil their duty of care, resulting in physical, emotional, psychological, or educational harm to the child. It is the most common form of child maltreatment in the United States, with 76% of child maltreatment victims suffering neglect in 2021.

The legal definition of child abuse, including neglect, has changed over time and varies by state. Some states prohibit the use of physical force to discipline children, while others allow moderate forms of force. Despite these varying definitions, child abuse, including neglect, falls under criminal law.

In terms of the history of child neglect laws in the US, the state of New York passed laws to protect children in 1875, establishing the New York Society for the Prevention of Cruelty to Children (NYSPCC). This helped set a standard for other states. In 1880, various states in America started raising the age of sexual consent for girls, which had previously been as low as 7 in Delaware and 10 to 12 in other states.

In the 1900s, age of consent laws began to change, and governments developed many child welfare policies to address child abuse and neglect. In 1935, the Social Security Act provided funding for children and families in need.

In 1962, The American Medical Association published a journal article titled "The Battered Child Syndrome", which exposed the truth of child abuse and recognised that parents could harm their children. This was followed by the federal government launching the Child Abuse Prevention and Treatment Act (CAPTA) in 1974, which defined child abuse and outlined initiatives and a structure for the government to address the issue. CAPTA was reauthorised in 2010.

In 1980, the federal government passed the Adoption Assistance and Child Welfare Act (AACWA) to prevent unnecessary foster care placements, reunify families, and limit time spent in foster care. This was followed in 1997 by the Adoption and Safe Families Act (ASFA), which reflected a shift in child welfare policy, prioritising the "child's health and safety".

At the state level, Ohio has a crime called "Nonsupport", which makes it illegal to abandon or fail to adequately support your child. This begins as a misdemeanour but can be enhanced to a felony crime for repeat offenders or those who fail to pay court-ordered child support for an accumulated period of 26 weeks out of 104 weeks. Ohio also has a crime called "Endangering Children", which prohibits a broad range of conduct that can include neglect, such as creating a substantial risk to the health or safety of the child.

In summary, child neglect laws in the US have evolved over time and vary by state, but all states have enacted laws to protect children from abuse and neglect. These laws aim to keep children free from exploitation, harm, and danger, and they mandate reporting and response to child abuse and neglect.

Child neglect laws in the UK

> If any person who has attained the age of sixteen years and has responsibility for any child or young person under that age, wilfully assaults, ill-treats (whether physically or otherwise), neglects, abandons, or exposes him, or causes or procures him to be assaulted, ill-treated (whether physically or otherwise), neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health (whether the suffering or injury is of a physical or a psychological nature), that person shall be guilty of an offence.

The Children Act 1948 set out new support measures for children across the UK, with local authorities having a duty to provide care for any child whose parents were unable to do so. The Children Act 1975 built on this, highlighting the importance of children's welfare and establishing the role of an independent social worker to ensure the best interests of the child during court proceedings. The Children Act 1989 established the legislative framework for the current child protection system in England and Wales, setting out the paramountcy principle – that the welfare of the child should be the court's main consideration.

The Children Act 2004, informed by the Victoria Climbie inquiry, established a Children's Commissioner in England and created Local Safeguarding Children's Boards (LSCBs) in England and Wales. The Children's Services Co-operation Act (Northern Ireland) 2015 required public authorities to contribute to the wellbeing of children and young people in regards to physical and mental health, learning and achievement and living conditions. The Children and Social Work Act 2017 made several reforms to the child protection system in England, including the establishment of the Child Safeguarding Practice Review Panel to review and report on serious child protection cases. The Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 abolished the defence of reasonable punishment from March 2022.

The UK signed the United Nations Convention on the Rights of the Child (UNCRC) in 1990, which sets out the rights of every child in the world to survive, grow, participate and fulfil their potential. The Welsh Government formally adopted the UNCRC in 2019, and the Scottish Government announced its intention to incorporate the UNCRC into Scottish law in 2019.

Child neglect as a form of abuse

Child neglect is a form of child abuse that often coexists with other forms of abuse. It is the most common form of child maltreatment, with 76% of child maltreatment victims suffering neglect in 2021. Child neglect occurs when a caregiver fails to meet a child's basic physical, emotional, educational, or medical needs. This includes failing to provide adequate supervision, health care, clothing, housing, and other safety needs.

The effects of child neglect can be devastating and long-lasting. Neglected children are at risk of developing lifelong social, emotional, and health problems, with those neglected before the age of two being particularly vulnerable. The consequences of neglect include poor academic achievement, depression, and personality disorders. Neglect can also impact physical development, with children suffering from anxiety, impulse-control disorders, and physical consequences such as tooth decay and gum disease. In severe cases, neglect can lead to death, with over 1,820 children in the United States dying of abuse and neglect in 2021.

The causes of child neglect are complex and vary from case to case. However, some common factors include mental disorders, unplanned pregnancy, substance use disorder, unemployment, overemployment, domestic violence, and poverty. Neglectful parents often exhibit certain characteristics, such as an inability to plan, lack of confidence, difficulty managing money, and emotional immaturity.

While the definition of child neglect varies across states and countries, it is widely recognized as a serious issue that requires intervention and support. In the United States, all states have enacted laws for the protection of children from abuse and neglect, with mandatory reporting laws in place in many states. These laws designate certain professionals and individuals as mandatory reporters, requiring them to alert authorities of suspected abuse or neglect.

The intervention and support provided to neglected children and their families can vary. Early intervention programs, counselling, social support services, and parenting programs are some of the approaches used to address child neglect. It is important to note that child neglect is a complex issue that requires a comprehensive response involving social services, law enforcement, and the legal system.

The history of child neglect laws

Late 19th Century: Recognizing Child Abuse

The late 19th century marked the beginning of societal recognition of child abuse. Up until this point, child welfare agencies did not exist, and cases of child abuse were largely unheard of. The case of Mary Ellen Wilson in 1874 brought attention to this issue. Mary Ellen, a 10-year-old girl adopted from an orphanage, suffered daily abuse from her adoptive mother. The caseworker assigned to her case sought help from the American Society for the Prevention of Cruelty to Animals (ASPCA), as there were no child welfare agencies at the time. This case eventually led to the founding of the New York Society for the Prevention of Cruelty to Children (NYSPCC) in 1875, which served as a standard for other states.

1889: Great Britain Adopts Child Protection Laws

Great Britain became the first country to adopt child protection laws in 1889, setting a precedent for other nations to follow.

1900s: Age of Consent Laws and Child Welfare Policies

During the 1900s, there were significant developments in age of consent laws and the creation of child welfare policies. The average age of consent in the late 19th century was shockingly low, ranging from 7 to 12 years old. Governments also began to develop child welfare policies to address the growing concern of child abuse and neglect.

1935: Social Security Act

The Social Security Act, passed in 1935, provided funding for children and families in need. This was an important step in recognizing the financial support required to ensure children's well-being.

1962: "The Battered Child Syndrome"

In 1962, Dr. Henry Kempe published a groundbreaking article in the American Medical Association journal titled "The Battered Child Syndrome." This research exposed the truth about child abuse and recognized the role of caretakers in inflicting non-accidental injuries on children. Dr. Kempe's work was a turning point in raising awareness and sparking action to address child abuse.

1974: Child Abuse Prevention and Treatment Act (CAPTA)

In 1974, the federal government in the United States launched the Child Abuse Prevention and Treatment Act (CAPTA). This comprehensive legislation defined child abuse, outlined initiatives, and provided a framework for the government to address the issue. CAPTA included funding for child abuse assessments, background checks, treatment, and reporting laws.

20th Century Onwards: Evolving Laws and Awareness

The 20th century and beyond have seen a continuous evolution of child neglect laws and an increasing awareness of the issue. States in the US and other countries have enacted various laws and policies to protect children from abuse and neglect, with mandatory reporting being a key component. The specific definitions and parameters of child neglect vary across jurisdictions, reflecting the complex nature of this issue.

Child neglect and mandatory reporting

Child neglect is a form of child abuse that involves caregivers depriving a child of their basic needs, such as adequate supervision, health care, clothing, housing, and other physical, emotional, social, educational, and safety needs. While the legal definition of child abuse and neglect varies across states and has changed over time, neglect is the most frequent form of child abuse.

In the United States, the mandatory reporting of child abuse and neglect has been a responsibility since the 1974 launch of the Child Abuse Prevention and Treatment Act (CAPTA). This act defined child abuse, outlined initiatives, and provided a structure for the federal government to address the issue. All 50 states and most US territories have laws that make reporting child abuse and neglect mandatory for certain individuals.

In New York, mandated reporters are required by state law to report suspected child abuse and neglect to the state hotline, the New York State Central Register (SCR). These mandated reporters include professionals who have frequent contact with children, such as doctors, nurses, teachers, police officers, and childcare center workers. Reports can be made anonymously by anyone who suspects child abuse or neglect. If the SCR believes the report warrants an investigation, they will direct the Administration for Children's Services (ACS) to begin a child protective investigation.

Mandated reporters must immediately make a report when they have reasonable cause to suspect abuse or neglect. "Reasonable cause" means that based on observations, professional training, and experience, the reporter believes that the child has been harmed or is in danger of being harmed by the parent or legal guardian. Failure to report suspected abuse or neglect can result in penalties, while malicious and false reporting is against the law.

To make a report, one must provide information such as the name and address of the child and family members, the child's age, sex, and primary language, the nature and extent of the child's injuries, and the type of abuse or neglect, including any prior history. It is important to note that child neglect can be classified into different degrees of severity, ranging from mild to moderate to severe neglect, and the responses considered warranted may vary accordingly.

Frequently asked questions