Child Abuse: The Legal Framework in Nebraska - The Child Abuse Problem

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Authors
Nelsen, Stephen H.
Issue Date
1975
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Journal Article
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FIRST PARAGRAPH(S)|"Most commentators appear to agree that the law should be focused on custody and protection of the child before all else, and not upon punitive action against the perpetrator." Stated briefly, the basis for this conclusion is the nature of the battering parent and the resulting high degree of recidivism. Typically the parent that beats his child has severe psychological and emotional problems that cause this behavior. Punishing a battering parent probably will not improve his behavior. Being punished may actually increase or aggravate the underlying problems that are causing the parent to abuse his child and consequently place the child in a more dangerous situation. Punishing the parent or separating the child temporarily may only postpone another beating that could result in serious injury or fatality. Protecting the child probably consists of removing the child from the home and/or rehabilitating the parent. |This comment will focus on the basic premise that protection of the child should be the prime objective of child abuse legislation. The Nebraska statutes will be analyzed in light of this aim. The comment will also suggest means for improving the fragmented Nebraska approach to child abuse. Although the correlative objective of parent rehabilitation is beyond the scope of this comment, the reader should remember that immediate protection of the child is a stop-gap measure and rehabilitation of abusing parents perhaps the only effective long-term solution...
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8 Creighton L. Rev. 771 (1974-1975)
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Creighton University School of Law
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