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Report criticizes states' child abuse policies

Calls for thorough disclosures

David Crary  •  Associated Press
Published April 29, 2008

NEW YORK – Many states often fail to release adequate information about fatal and near-fatal child abuse cases, placing confidentiality above disclosure to a degree that thwarts needed reforms, two child advocacy groups say in a new report.

Their report, which gave 10 states a failing grade for their disclosure practices, urges Congress and state legislators to adopt stronger policies and laws regarding deadly and life-threatening child abuse cases. It was being released today by First Star, a national nonprofit which advocates for abused children, and by the University of San Diego School of Law's Children's Advocacy Institute.

"When abuse or neglect lead to a child's death or near death, a state's interest in confidentiality becomes secondary to the interests of taxpayers, advocates and other children, who would be better served by maximum transparency," said Amy Harfeld, First Star's executive director and a co-author of the report.

"Once we know what is broken, we can try to fix it," she said.

Several of the states receiving low grades defended their policies on grounds that families entangled in near-fatal abuse cases were entitled to confidentiality. Harfeld responded that the report is not pressing for disclosure of families' names, but rather for other details illuminating how state agencies handled the cases.

Every state accepts federal funds under the Child Abuse Prevention and Treatment Act, which directs states to "allow for public disclosure" regarding fatal and near-fatal cases.

But the report says many states limit disclosure because the act provides too much leeway. According to the report, some state policies cover abuse deaths but not near-fatalities, while other states release information only if a petition is filed.

Robert Fellmeth, executive director of the Children's Advocacy Institute, noted that extensive details often emerge only when a child abuse death gets heavy media coverage.

"But the reality is that 90-plus percent of the time, nobody knows anything, and the states actively conceal it," he said. "That's not right and that's what we're mad about. The system most of all wants to protect its most embarrassing gaffes," Fellmeth said.

About 1,500 American children die from abuse annually. The report says more standardized and thorough disclosures about these deaths, and near-fatal cases, might reduce the toll.

Changes resulting from a single high-profile tragedy "are usually knee-jerk responses," the report said. "Enhanced public disclosure of all child abuse and neglect deaths and near deaths enables the public, child advocates and policymakers to work together to … craft more thoughtful, comprehensive reforms."

Six states – Nevada, New Hampshire, California, Indiana, Iowa and Oregon – received an A or A minus. Washington was given a B, Idaho a B minus.

The 10 Fs went to Georgia, Maryland, Montana, New Mexico, North Dakota, Pennsylvania, South Dakota, Tennessee, Utah and Vermont.