You are here

HAS THE PENDULUM SWUNG TOO FAR?: A LEGAL EVALUATION OF FLORIDA'S CHILD ABUSE AND NEGLECT REGISTRY

Download pdf | Full Screen View

Date Issued:
2012
Abstract/Description:
Over the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or neglect, due process concerns have been raised with regards to the process of placing a person's name in a report without providing a hearing for challenging or removing inaccurate information. Focusing on Florida law, this research concentrates on: 1) the child maltreatment reporting process, 2) the procedures for maintaining reports, and 3) the accessibility of these reports in order to determine whether due process constitutional rights are protected under Florida's child abuse and neglect reporting laws. The intent of this thesis is to analyze the occurrence of unsubstantiated cases of child maltreatment, incidences of false reporting, and legal remedies available for those wrongfully accused of abusing or neglecting a child. Through the analysis of case law, federal and state statutes, available statistics, child abuse resources, and personal interviews with members of the Florida Legislature, evidence shows that due process constitutional rights are not protected under Florida's child abuse and neglect reporting laws. By raising awareness of the areas of child protection that require legal re-evaluation, this thesis aims to discover the balance between protecting children from harm and protecting adults from the severe ramifications resulting from false and improper allegations of child abuse and neglect.
Title: HAS THE PENDULUM SWUNG TOO FAR?: A LEGAL EVALUATION OF FLORIDA'S CHILD ABUSE AND NEGLECT REGISTRY.
13 views
5 downloads
Name(s): Debler, Julianna, Author
Naccarato-Fromang, Gina, Committee Chair
University of Central Florida, Degree Grantor
Type of Resource: text
Date Issued: 2012
Publisher: University of Central Florida
Language(s): English
Abstract/Description: Over the past several years, increasing public emphasis on preventing child maltreatment has resulted in substantial changes to Florida's child abuse and neglect central registry. Many of these recent changes, aimed at preventing child maltreatment, have resulted in over one million false, unsubstantiated, and inconclusive reports of child abuse and neglect within the last decade. While the information held in reports may be useful for identifying and preventing potential child abuse or neglect, due process concerns have been raised with regards to the process of placing a person's name in a report without providing a hearing for challenging or removing inaccurate information. Focusing on Florida law, this research concentrates on: 1) the child maltreatment reporting process, 2) the procedures for maintaining reports, and 3) the accessibility of these reports in order to determine whether due process constitutional rights are protected under Florida's child abuse and neglect reporting laws. The intent of this thesis is to analyze the occurrence of unsubstantiated cases of child maltreatment, incidences of false reporting, and legal remedies available for those wrongfully accused of abusing or neglecting a child. Through the analysis of case law, federal and state statutes, available statistics, child abuse resources, and personal interviews with members of the Florida Legislature, evidence shows that due process constitutional rights are not protected under Florida's child abuse and neglect reporting laws. By raising awareness of the areas of child protection that require legal re-evaluation, this thesis aims to discover the balance between protecting children from harm and protecting adults from the severe ramifications resulting from false and improper allegations of child abuse and neglect.
Identifier: CFH0004267 (IID), ucf:44944 (fedora)
Note(s): 2012-08-01
B.S.
Health and Public Affairs, Dept. of Legal Studies
Bachelors
This record was generated from author submitted information.
Subject(s): child abuse
child neglect
central abuse registry
Abuse Hotline
reporting
reporting child abuse
reporting child neglect
child protection
constitutional
constitutionality
due process
due process of the law
Persistent Link to This Record: http://purl.flvc.org/ucf/fd/CFH0004267
Restrictions on Access: public
Host Institution: UCF

In Collections