[Congressional Record Volume 143, Number 135 (Thursday, October 2, 1997)]
[Extensions of Remarks]
[Pages E1924-E1925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              CHILD ABUSE

                                 ______
                                 

                          HON. LEE H. HAMILTON

                               of indiana

                    in the house of representatives

                       Wednesday, October 1, 1997

  Mr. HAMILTON. Mr. Speaker, I would like to insert my Washington 
Report for Wednesday, October 1, 1997, into the Congressional Record:

                              Child Abuse

       One of the most difficult questions government at all 
     levels faces is how to protect children from abuse. Everyone 
     agrees that the government has an obligation to intervene 
     when children's health and safety are endangered by their 
     parents. But not everyone agrees on when or how to intervene. 
     Each case of suspected child abuse requires a balance between 
     the government's responsibility to protect children and the 
     right of parents to exercise broad discretion over how their 
     children are raised and disciplined.


                            Levels of abuse:

       Reports of suspected child abuse and neglect have escalated 
     by nearly 50% in the last decade. Some of this increase is 
     attributed to greater awareness of child abuse, but studies 
     also suggest that many cases of child maltreatment are still 
     unreported.
       Most Americans cherish their children, but there is woeful 
     evidence that many do not. Around the country, there are 
     thousands of children who scream for help. In 1996, 3.1 
     million reports of suspected child maltreatment--either abuse 
     or neglect--were received by state child protection agencies. 
     About one-third were substantiated, meaning that nearly one 
     million children were victims of verified abuse or neglect. 
     Over half of all substantiated cases of maltreatment involve 
     neglect, while the remainder involve physical, sexual, or 
     emotional abuse. About 1,000 children died as a result of 
     maltreatment; most of them were younger than age 5, and over 
     40% were less than one year old. In Indiana, just over 22,000 
     children were victims of substantiated abuse or neglect in 
     1995, and 29 children died as a result.


                               Response:

       State governments are primarily responsible for efforts to 
     prevent child abuse, investigate reports of child abuse, 
     place children in foster care, and punish their abusers. 
     States establish their own definitions of child abuse and 
     neglect and guidelines for determining when children should 
     be removed from home.
       The federal government plays an important role by providing 
     funding for these efforts--over $5 billion in 1997--and by 
     imposing certain requirements on states. By far the majority 
     of federal funding is devoted to foster care. Substantial 
     funding also goes toward efforts to prevent child abuse, to 
     provide counseling and other supportive services to families 
     where abuse or neglect has occurred, and to facilitate the 
     adoption of children who cannot be returned to their parents' 
     care.


                                Issues:

       Congress and state legislatures are likely to examine a 
     number of issues:
       Resources: The enormous increase in reports of abuse and 
     neglect has placed strain on state child protective service 
     agencies. Many critics charge that caseloads are far too 
     large, meaning that caseworkers are not able to conduct 
     thorough investigations or to adequately monitor families 
     where abuse has been substantiated. These critics point to 
     studies which indicate that the families of about 40% of 
     children who die from abuse or neglect had previously been 
     reported to child protective services. In addition, concerns 
     have been raised that better training is needed for 
     caseworkers and others who are required by law to report 
     abuse on how to accurately spot abuse and neglect.
       Family preservation: In order to receive federal funds, 
     states must pledge to make ``reasonable efforts'' to prevent 
     or eliminate the need to place a child in foster care, and to 
     reunite children in foster care with their families. This 
     requirement is based on the belief that many abusive or 
     neglectful parents can become fit if they get appropriate 
     assistance. That could include treatment for substance abuse 
     (which is implicated in between 50-80% of child abuse and 
     neglect cases), parenting classes, economic aid, or other 
     types of assistance.

[[Page E1925]]

       Most people agree that returning children to their family 
     is desirable. The disagreement occurs with respect to what 
     constitutes ``reasonable efforts.'' Critics say that states 
     frequently put family preservation above child protection. 
     They worry that too often children are reunited with parents 
     who are still dangerous. In addition, critics charge that 
     children are allowed to languish in foster care too long, 
     denying them the stability and security they need to prosper.
       Some suggest a different standard for decisions regarding 
     family unification: the ``best interests of the child.'' But 
     concerns have been raised that this is as subjective as 
     ``reasonable efforts,'' and could swing the pendulum too far 
     in the other direction, removing children too hastily from 
     families. Some also argue that family preservation could work 
     more often if only greater resources were available.
       Congress has taken some steps to address these concerns. 
     With my support, earlier this year the House passed a bill 
     which clarifies that states do not have to make a 
     ``reasonable effort'' to preserve families if the child has 
     been subjected to ``aggravated circumstances,'' like 
     abandonment, torture, or sexual abuse; the child's parent has 
     killed or assaulted another of his children; or a parent's 
     rights to a sibling of the child have already been 
     terminated. The bill requires that children's health and 
     safety be of paramount concern in efforts to preserve or 
     reunite families. The bill would also push states to make 
     greater and prompter efforts to place children for adoption 
     if they cannot be reunited with their parents. The Senate has 
     not yet acted on this measure.


                              Conclusion:

       The family is the best institution for rearing children, 
     and most families do it very well. The question of what to do 
     when parents fail their children is seldom a simple one. Some 
     cases are clear cut, but many require difficult judgment 
     calls.
       Congress must ensure that states have adequate resources to 
     protect children and provide abusive parents who want to 
     change the help they need to do. Efforts to reunite abused 
     children with their families are critical, but we must be 
     willing to abandon those efforts if they are not working. 
     Congress should also ensure that states have flexibility to 
     respond to the unique needs of children and families in 
     crisis. And we must all support the work of community 
     organizations, churches, and other groups which seek to help 
     foster healthy families.

                          ____________________