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Date: November 22, 2024 Fri

Time: 11:54 am

Results for privacy (u.s.)

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Author: Children's Advocacy Institute

Title: State Secrecy and Child Deaths in the U.S.: An Evaluation of CAPTA-Mandated Public Disclosure Policies about Child Abuse and Neglect Fatalities or Near Fatalities, with State Rankings - 2nd Edition

Summary: This 2nd edition of State Secrecy and Child Deaths in the U.S. grades all fifty states and the District of Columbia on their laws and regulations pertaining to public disclosure of child abuse or neglect deaths and near deaths. It includes an analysis of the elements of an effective statute and describes how each state includes or omits such features. The federal government has determined that the good that can be gained from disclosing information about child abuse or neglect deaths or near deaths will exceed any potential harm or embarrassment that some individuals might experience as a result. Through this report, the Children’s Advocacy Institute (CAI) and First Star aim to encourage each state to adopt laws that further the spirit and intent of federal law, facilitate full disclosure, and ultimately better protect children from abuse and neglect. State legislatures should formalize their policies in statutory form and agencies need to adopt binding rules to implement those laws. When states do have these predictable and enforceable policies encouraging transparency, we hope advocates within the states will use this report as a motivator to pursue appropriate remedies to ensure the proper enforcement of the state’s public disclosure laws. The Child Abuse Prevention and Training Act (CAPTA) acknowledges that, while maintaining confidentiality of child abuse and neglect records is important, there are some cases which have been carved out from this shield of confidentiality and must be made public. Specifically, cases where child abuse and neglect leads or contributes to a fatality or near fatality must be made public so that they can be examined to identify needed systemic reform. Thus, CAPTA requires that states have policies that allow for public disclosure of the findings or information regarding such cases. As of 2012, all 50 states and the District of Columbia accept CAPTA funds. It should follow that all states provide for public disclosure of information about cases of fatal and near-fatal child abuse and neglect. While every state now does have some identifiable public disclosure policy regarding child abuse or neglect deaths, unfortunately, a few states still do not have identifiable public disclosure policies that cover near fatalities, and many states have policies that fail to further the congressional goal of identifying systemic problems in order to implement meaningful reform.

Details: San Diego, CA: Children's Advocacy Institute, University of San Diego School of Law, 2012. 101p.

Source: Internet Resource: Accessed April 24, 2012 at http://www.caichildlaw.org/Misc/StateSecrecy2ndEd.pdf

Year: 2012

Country: United States

URL: http://www.caichildlaw.org/Misc/StateSecrecy2ndEd.pdf

Shelf Number: 125048

Keywords:
Child Abuse and Neglect (U.S.)
Privacy (U.S.)