UNITED STATES OF AMERICA
tiS (b/ i 9r / ss . Q:ongrcssional Rccord
d PROCEEDINGS AND DEBATES OF THE 93 CONGRESS FIRST SESSION
VOLU,ME 119-PART 19
JULY 13, 1973 TO JULY 19, 1973 (PAGES 23745 TO 25050)
UNITED STATES GOVERNMENT PRINT:::NG OFFICE, WASHINGTON, 1973 23896 CONGRESSIONAL RECORD-SENATE July 1J,., 1973 carrier under the .provisions of this para the bill; and to the distinguished Sen graph shall be made by the Secretary of the funds or intrusion of the Federal Govern Treasury from funds hereby authoriZed to ator from West Virginia (Mr. RAN ment into the area. ofchild abuse.. be appropriated in such amounts as may DOLPH), who has undertaken the floor Its authorization of $90,000,000. over a be necessary for the purpose of carrying management of the bill, together with 5-year period-roughly $20,000,000 a out the provillions hereof." Senator STAFFORD. year-is very modest indeed considering It is quite clear that the dimensions The PRESIDING OFFICER. The ques the present efforts I have.outlined and of child abuse in the Nation exceed the needs-and even then it is 'to be tion is on agreeing to the committee greatly the capa~ity of State and local amendment. directed in efforts in which the Federal and Federal efforts to deal with the Government will serve basicallY an inno The committee amendment was agreed problem. to. vative and catalytic function. As noted in the committee report, The bill is clearly only an interim The PRESIDING OFFICER. The ques 60,000 cases of child abuse are reported tion is on the engrossment and thil'd measw'e-not yet a comprehensive pro almually; in New York City alone more posal to deal with child abuse across the reading of the bill. than 10,000 cases of child abuse or sus The bill (S. 1925) was ordered to be board. pected abuse were reported in 1972. Ac Mr. President, it is quite clear from engrossed for a third reading, was read cording to the testimony of Barbara the third time, and passed. testimony of very distinguished experts Blum, assistant administrator r.:ommis on the State and city level in New York, sioner of the special services for children as well as elsewhere, that at least as program in New York City, 50 children equally important as this bll1, will be NATIONAL CENTER ON CHILD ABUSE died in New York City alone last year in some sharpening of efforts under title AND NEGLECT . cases of child abuse. IV-A of the Social Security Act, which as The Senate resumed the consideration The Department of Health, Education, noted, is the principal source of funding of S. 1191 to establish a National Center and Welfare testified in hearings before at this time. on Child Abuse and Neglect, to provide the committee that of the $46 million Accordingly. I amvery pleased that the financial assistance for a demonstration available for children's programs under Committee on Labor and Public Welfare, program for the prevention, identifica title IV-B of the Social Security Act in while unable to effect changes in that tion, and treatment of child abuse and 1973-the principal source of funding law since it is within the jurisdiction of neglect, and for other purposes. only $507,000 was spent on activities re the Senate Finance Committee, will worle Mr. MANSFIELD. I suggest the ab lated to child abuse. with that committee, and as ranking sence of a quorum. This means that for each of the 60,000 minority member I pledge every effort The assistant legislative clerk pro reported cases in the country-and we to that end. ceeded to call the roll. can expect that that flgure would be Also, I am delighted with the inclusion Mr. RANDOLPH. Mr. President, I ask multiplied many times were reporting in this bill of the number of provisions unanimous consent that the order for laws more adequate-less than $10 is that I added on the basis of testimony the quorum call be rescinded. now available from Federal, State, and during the hearings in New York and The PRESIDING OFFICER. Without lo~al sources. elsewhere; these include: objection, it is so ordered. The administration, which opposes The provisions set forth in section 2 Mr. STEVENS. Mr. President, will the this bill, points to a number of efforts (a) (4) under which the national center Senator from West Virginia yield for a now conducted or to be conducted by on child abuse would provide technical .parliamentary inquiry? .the Department of Health, Education, assistance to public and nonprofit pri Mr. RANDOLPH. Yes, I yield. and Welfare, through the Office of Child vate agencies. Mr. STEVENS. Mr. President, follow Development and other agencies; these Provisions set forth in section 4(b) to ·ing the consideration of the child abuse efforts which in~lude expanded funding, insure that parents, State and local om .bill, will the time on the Alaska Pipeline a review of existing programs, and the ·cials as well as other persons serve on the bill be under control for the rest of the establishment of model codes, are set National Commission to be established day? forth in a letter to Senator WILLIAMS, under that section. The PRESIDING OFFICER. There is a chairman of the Committee on Labor The provisions contained in section general time limitation on S. 1081 which and Public Welfare from Secretary 4(d) mandating that the Commission will be in effect following the considera Weinberger, and printed at page 8 of shall explore the relationship between tion of S. 1191. the committee report on this bill. drug abuse, alcoholism and child abuse Mr. MANSFIELD. Mr. President, I ask The administration's basic position is and neglect and the adequacy of fund unanimous consent that upon the dispo stated on page 9 of the report as follows: ing for efforts to deal with child abuse. sition of the pending business and our We believe the most effective approach to I am also pleased that the bill con return to the consideration of the Alaska the problem is to work with State and local tains, in section 3 (a) (3) an authorization government, voluntary agencies, and pro for the funding of parent self-help or,. bill there be no time limitation for the fessional associations to obtain a more ade remainder of the day. quate picture of the incidence and charac ganizations. This will permit Federal The PRESIDING OFFICER. Without teristics of child abuse than we have now. "seed money" for "Parents Anonymous" objection, it is so ordered. Rather than creating new offices and com programs which have been conducted in The question before the Senate is on missions, as proposed by S. 1191, I am of New York City and in other areas of the the passage of S. 1191. Who yields time? the opinion that coordination and intensifi country with such success. Mr. STAFFORD obtained the floor. cation of existing efforts and organizations Mr. President, for these reasons I sup Mr. JAVITS. Mr. President, will the will produce greater and more lasting posi port the committee bill and urge that it distinguished Senator from Vermont tive results. be passed. yield me 2 minutes? In my opinion-without faulting the Mr. STAFFORD. Mr. President, I yield Mr. STAFFORD. I yield 2 minutes to commendable plans of the administra myself as much time as I may consume. the distinguished Senator from New tion-that, in essence, is exactly what I ask unanimous corisentthat an ex York. this bill would do. cerpt from the committee report .be Mr. JAVITS. Mr. President, I wish to The basic elements of the committee's printed in the RECORD. express myself as being in favor of the bill-the establishment of a national PURPOSE bill. S. 1191, the Child Abuse Prevention center on child abuse, the establishment The purpose of the legislation is to provide and Treatment Act, which I have co of a demonstration program and the financial assistance .for demonstration pro sponsored. establishment of a national commission grams for the prevention, identification, and treatment 01 child abuse and neglect, to es I desire to express my deep appreda on child abuse and neglect-are all tablish a National Center ,on Child Abuse tion to the distinguished Senator from directed to the end of the Federal Gov and Neglect, and for other purposes. Minnesota (Mr. MONDALE), who is the ernment "working with State and local NEED FOR S. 1191 basic author; to the distinguished Sen governments, voluntary agencies and Each year ·In this country, tllousands or ator from Vermont (Mr. STAFFORD), on professional associations" to the end· of innocent children are beaten, burned, poi the Republican side, who has given a dealing with the problem of child abuse. soned, or otherwise abused. by adults. great deal of energy, intelligence, and The committee bill does not represent One source-the National Center for the constructive effort to the fashioning of a substantial "flooding" of Federal Prevention and Treatment of Child Abuse 'July 1#~ 1973 CONGRESSIONAL RECORD - SENATE 23897 and Neglect In Denver-estlmates that 60.000 discipiinary coordination, could be rehablll abuse if financial support were available to cases of child abuse are reported annually. tated· • *." expand and strengthen them. These efforts Barbara. Blum, assistant administrator com Witnesses agreed that only about 10 per have started and managed to exist through missioner of the special services for children cent of adults who abuse children are psy foundation grants, community contribu program in New York City, testlfled that in chotic or seriously mentally m; and that the tions, and contributions of staff and facilities that city alone; more' than 10,000 cases of other 90 percent 1n1l1ct abuse on a child out by hospitals, welfare agencies, police depart child abuse or suspected abuse were reported of frustration about other problems or un ments, and other institutions and agencies, in' 1972.' Witnesses agreed that most esti realistic expectations about how a child The funds available from these sources are mates of the incidence of child abuse repre shOUld act. inadequate to the national need for such sent only a small proportion of the number Obviously, abused children must be per programs. of children who are actuallY maltreated. manently removed from the care of psy It Is the intention of the committee that In the last decade nearly every State in chotic parents or other adults. However, in the demonstration grants be awarded to a the Union has revised its child abuse report other cases the child can .often be removed wide variety of recipients for a variety of pro ing laws. Yet it is common for cases of abuse temporarily and returned to the family after grams aimed at preventing, Identifying, and to come to light only after the victim has both parent and child have undergone some treating child abuse. The committee believes suffered permanent psychological and/or type of therapy or other remediation of the that there Is a partiCUlar need to increase the physical'damage; or even been killed. One family situation. training opportunities of hospital emergency reason for this is that most laws do not re Dr. C. Henry Kempe of the center in Den room personnel, social workers, teachers. and quire any followup or treatment once a case ver believes that child abuse occurs most others who are likely to come in contact of abuse has been reported. often when a crisis occurs in a family in With chlId abuse. The committee further Although effective programs exist in some which parents may have underlying tenden recognizes the special needs of small, and/or communities, for many years the problem cies to resort to violence as a solution to Isolated communities which lack the re of child abuse has lacked a focus within their problems. Examples of a crisis, Kempe sources to establish a complete multi broader social service programs. Moreover, suggests, could be an argument over money, discIplinary team, and encourages the crea the very social service agencies with the re loss of a job, the need for day care-any tion of networks of experts who can consult sponsiblllty to deal with this problem have thing which disrupts the fabric of family and advise the authorities in such com often 'lacked the. necessary resources. One llfe. munities on child abuse. Witness, an admitted former child abuser, In the majority of cases, witnesses testified, It Is the Intention of the committee that testlfled that she had voluntarlly gone from parents who abuse their children were them Is establishing regUlations governing assist one public agency to another seeking' help seives abused when they were young. This ance to parental self-help organizations the which would. prevent her from harming suggests the vital Importance of trying to Secretary shall not prescribe organizational her child__and was repeatedly turned away. treat child abuse so that a cyCle Is not re rigidities tending to require procedures lim Federal support for programs dealing With peated from generation to generation. iting the effectiveness or violating the con child abuse-to the limited extent that it TREATMENT PROGRAMS fidentiality of such programs, which must exists-has been available primarlly through Members of the committee were encour remain informai and nonbureaucratic to be title IV-B of the Social Security Act, which aged to learn that in recent years a number effective. authorizes child welfare services inClUding of promising new approaches to child abuse NATIONAL CENTER ON CHILD ABUSE AND NEGLECT child protective services. However, the entire have been developed and put into effect on Testimony by the Department of Health, child welfare program received only $46 mU. a limited basis. Education, and Welfare clearly indicated that lion in 1973 and is bUdgeted for the same One of these approaches is the creation there is no central repository of information amount in 1974. And, HEW told the commit and operation of multi-disciplinary child on either chlld abuse research or programs tee that of the $46 million available for IV-B abuse teams. llke the ones at Children's Hos In this country. The committee believes that activities in 1973, QIlly $507,000 was spent on pital in Washington, D.C., at Roosevelt Hos all communities should have access to any activities related to child abuse. pital in New York, and at the National Cen information which might assist them in Representatives of the Department of ter in Denver. The personnel on these teams Health, ;Education, and Welfare testlfled that dealing with chlld abuse. represent the various disciplines with a po The committee takes note of the an child abuse programs are a function of the tential for contribution to solution of child nouncement in June by HEW that it would individual states andshould be implemented abuse cases-doctor, psychiatrists, and psy under the existing authority for titles IV-A test the feaslblllty of creating a clearing chologists, social workers, nurses, lawyers, house to collect and disseminate information and IV-B under the Social security Act. How and law enforcement officials. on chlId abuse. The committee believes ever; they also testlfled that they had no These teams collect information from a information about the effectiveness of these strongly that the replication of promising variety of sources concerning a specific case program models will be enhanced by the State programs in preventing, identifying, of chlld abuse or suspected abuse; combine and treating child abuse, but were aware that creation of such a clearinghouse and that the information; and develop a program of the immediate need has been fully docu they are not adequate. The hearings revealed treatment for both the abused child and his mented in testimony. further that not one employee of the Fed family. eral Government works full time on the The work of the professionals on the Den NATIONAL COMMISSION ON CHILD ABUSE AND problem of child. abuse. ver team Is augmented by the work of lay NEGLECT LEGISLATrvE HISTORY therapists. These are mothers who are trained It is clear that many complex legal and On March 16,' 1973, senator Mondale in to work closeiy with famlIles in which child policy questions remain to be answered In troduced, with.the cosponsorship of 13 other abuse has occurred; and to offer their assist the area of child abuse. For this reason, the Senators, S. 1191, the Child Abuse Prevention ance on a 24-hour-a-day basis. The lay thera committee has endorsed the concept of a and Treatment Act. A slmllar blll, H.R. pists, who receive $2 an hour for their serv Presidential Commission to study some of 638, was introduced in the House of Rep ices, work with two or three famlIles. They these questions and to make appropriate resentatives. visit parents and chlldren regularly and make recommendations. The committee hopes that The Subcommittee on ChUdren and Youth themseives available to help resolve the types one area inciuded in this examination will received testimony on S. 1191 in hearings of crises that often lead to child abuse. be the nature, effectiveness, and desirability in Washington, Denver, and New York. As Another promising approach to dealing of statutes which offer immunity from civil part of these investigations the subcom With child abuse has been the creation of and criminal liability to persons who report mittee vl.~ited the child abuse treatment parent self-help groups. These are organiza chlId abuse. faclllties in Children's Hospital, Washington, tions like Parents Anonymous, and Families The committee is aware that the Depart D,C.; Roosevelt Hospital in New York; and Anonymous, whose memberShip consists of ment of HEW has announced plans to study the National Center for the Prevention and parents who have abused or fear that they chlId abuse laws and possibly recommend Treatment of Child Abuse and Neglect might hurt their children. In a manner simi acceptance of a new model statute by the affiliated with the University of Colorado lar to that of Alcoholic Anonymous, these States. The committee believes that the Medical Center in Denver. In addition, testi parents calI on each other for assistance in stUdy should be expanded to include other mony was taken at a Joint hearing of the a family crisis; and also learn to cope with areas and should be carried out by an in their abusive tendencies by talking about dependent. objective, outside body-the Subcommittees on Human Resources and Presidential Commission-rather than by a Employmen~, Poverty, and Migratory Labor them with others who have the same prob government agency. in Los Angeles. lem. The committee further believes that es On June 18 the blll was reported with Through a combination of the above serv tablishment of the Commission-with au amendments by the Senate SUbcommittee ices, over the past 4Y.z years the Denver cen thority to conduct pUblic hearings and a on Children and Youth to the Labor and ter has been able to return 90 percent of the mandate to report its findings-will assure a Public Wel.fare Committee. abused children to their natural families vital continuation of the public focus and THE CHILD ABUSER within 8 months Without any repetition of the input of parents and others with insights Dr. John Allen, a representative of the abuse. into the problem of child abuse. American Academy of Pediatrics testlfled: THE DEMONSTRATION GRANT PROGRAM PREVENTION AND TREATMENT OF CHILD ABUSE "We believel;trongly that about 80 percent The committee believes that the types of UNDER THE SOCIAL SECURITY ACT of these fammes (of abused children), and substantial contribution to eliminating chlId The committee believes that an adequate may be even 90 percent, with proper multi- activities described above could provide a response to the problem of child abuse re- 23898 CONGRESSIONAL RECORD --SENATE quires not only enactment and funding of I would appreciate receiving from you the coordination of State reportmg tystems; with S. 1191, but also greater resources for and following information about the new activ An effort to bring them into accord on'defi attention to the protective services activities ities to be undertaken by the Department in nitions of what· is .to be-reported,·.whois authorized under titles IV-A and IV-B of this area: mandated to report, and to Whom the report the Social Security Act. Indeed, in order to 1. A detailed explanation of the sources of shOUld be tnade. emphasize this combined approach, S. 1191 the $4 million-including authorizations. 6. The types of training materials and the as originally Introduced contained an amend Was this previously planned or authorized contents of the material are undetermined at ment to the Social Security Act requiring for other programs? If so, please list them this time. However, I antiCipate utilizing the every State to have a State plan for activities and the amounts of money Involved in each. ,expertise of many persons,'from many disci related to chlld abuse under the chlld wel 2. A detailed explanation of how the $4 mil plines, in the development of materials. The fare program authorized by title IV-B. This lion will be spent. potential audience are those persons who provision was dropped at the subcommittee 3. How the Department intends to go would be most likely to come into contact level with the understanding that Senator along Initiating a revision of the model chlld with children and thus be in a position to Mondale would introduce a revised and abuse reporting law. Identify the abused or potentially abused strengthened version of it on behalf of him 4. What method will be used to survey the Child, that is, teachers, doctors, nurses, po self and other committee members for con activities of States relating to child abuse? licemen, and so on. sideration by the Finance Committee, whicll What criteria will be used to jUdge the effec Your continUing Interest in the Depart also has a deep concern about the problem tiveness of the "program models and sys ment's activities is appreciated. of chlld abuse and has jurisdiction O\'er leg tems" to be studied for possible replication? With kind personal regards, islation amending the Social Security Act. 5. Exactly how the Department intends Sincerely, Inclusion of this protective provision in to test the feasibility of establishing a na CASPAR W. WEINBERGER, the original bill, however, did help provoke tional clearinghouse. Secretary. some tlseful suggestions and recommenda 6. A description of the type of training ma tions during subcommittee hearings and terials to be developed; of their contents, DEPARTMENTAL REPORT their distribution and audiences. investigations. THE SECRETARY OF. HEALTH, Dr. Vincent DeFrancis of the American Because this legislation is under active consideration by the SUbcommittee, I re EDUCATION, AND WELFARE, Humane Association. Assistant Administra ., Washington, D.C. tor/Commissioner Barbara Blum of New York quest that you submit this information to me by the close of business on June 15. Hon. HARRISON A. WILLIAMS, Jr., City's Special Services Agency for chlldren, Chairman, Committee on Labor and Public and representatives of the Child Welfare Sincerely, WALTER F. MoNDALE. Welfare, U.S. Senate, Washington, D.C. League provided the subcommittee with an DEAR Ma. CHAiRMAN: This letter Is In re understanding of these existing efforts, and sponse to your request ,for a reP9rtoliS. persuasively urged that title IV-B be JUNE 20, 1973. 1191,ablll entitled the ChlldAbuse Preven strengthened and more fully funded so that Hon, WALTER F. MONDALE, tlonAct. child protection agencies have better support U.S. Senate, This bill wouid direct'the Secretary of HEW and more adequate resources for dealing with Washington, D.O. to establish a. Natlon'al Olllce on Child AbtlSe chlld abuse problems. DEAR SENATOR MONDALE: I am pleased to and Neglect to serve a.s the focal point for This dual approach received further sup respond to your letter of June 11 relating to dissemination of research results on child port at the National Conference on Child the Department's plans In the area of child abuse and neglect. The'Office would establish Abuse and Neglect held in Washington this abuse. Of course in as Important a field as a.nd maintain an information clearinghouse June, Members of the conference workshop this, our plans will necessarily evolve in oU't:hild abuse programs,. and compile and on legislation suggested that Federal chlld various ways as more information on needs is publiSh training materials for persons work abuse efforts include both a demonstration developed. ing in or planning to enter the field. The blll grant program of the type authorized by The information that follows references would also establish a program of grants and S. 1191 and an effort to upgrade existing chlld the specific points In your letter: contracts for demonstr.ation programs de protective services along tile lines suggested 1. Funds for the support of Increased ef Signed to prevent, identify,' and treatchlld above. Authorities suggested, among other forts In the area of chlld abUse will Clome abuse and neglect. In'addltlon, S. 1191 would things, that in order to receive IV-B funds, from existing authorities such as the Office establish'a National CommiSsion on: Chlld States be required to meet more specific of Child Development and other programs as Abuse alld Neglect, appointed by the Presl standards-such as having a child abusere appropriate. Specific sources will be identi dent,to stUdy arid investigate the effective porting law-than those Included in S. 1191 fied as our planning evolves. We would not ness of existing reportirig laws and the proper as originally introduced. expect that tile funds will have been plalmed role·of the Federal Government in'assisting FollOWing the hearings on S. 1191, the De or authorized for other programs. State and local public and private efforts 'to partmant of Health. Edncation, and Welfare 2. Plans for spending the $4 mlllion will cope with chlld abuse and neglect.. announced Its Intention to earmark $4 mll involve: (1) R.evlsion of the model chlld The Departmeiltof Health, Education; and lion for activities related to chlld abuse In abuse reporting law first developed in 1962; Welfare has been deeply involved with the fiscal 1974. Yet the announcement did not (2) survey of existing State and local pro problem of child abuse. The Chlldren's Bu specify where these funds would come from, ·grams in order to develop program models reau, now a part of the· Olllce of Child De nor the extent to which they represented suitable for replIcation; (3) development of velopment, has for a number of years been new and heretofore unplanned expenditures. approaches to the collection and dissemina concerned with this complex problem and, Because of these ambiguities, and because of tion of data with respect to child abuse and In 1961, undertook the task of assembling in the severely limited budget avallable to Olllce neglect; and (4) development of training formation and initiating action. The first of Child Development to fulfill its existing materials for persons dealing with the abused step was.the development of a State model responsibilities In a wide range of programs chlld. In addition, we wlll enlist the assist act,to assist States in the foppull'ting of serving chUdren, Senator Mondale wrote to ance of experts in the field to secure the 'State laws, since the States llliv'e~lways had HEW requesting a detailed explanation of benefit of their ideas and suggestions. jurisdiction in this. arel"l'!Ow; ,all the 50 the sources of the $4 mlllion 8J.ld of the De 3. The Office of Child Development will be States, the Dlf1t!lct of CO~W~~~lh ~ua% and partment's plans for spending It. The text of responsible for revision of the model child the Virgin Isla\lgs have~!Jll.ct~~ pp.U,\ "busy: Senator Mondale's letter and tlui response abuse reporting law, seeking the advice and reporting laws !1)'i!.!l.somellll:ye ll,l)1en!ly '~lr from Secretary Caspar Weinberger appear at assistance of a variety of knowledgeable original laws to Inake th~mrnore e e, the end of this report. individuals. Dealing WJtbclllld aQ\!l?llJ!lVolves)'~" 4. The Department plans to review Its child ide!l~ift9i~tion CONCLUSION ly the .o1:t11.e abused ·.ilt abuse program guidelines and revise them as a whole rllll!le of services aimed a ,lm~ Tile committee believes that the HEW re appropriate. This will involve a survey of tlon of abuse and treatment of the 1l.lJ.d sponse demonstrates the inadequacy of the selected State programs and a review of cur hls.fall1lly. The mostcolnpelllng cur. .eed Department's plans for dealing With the rent State and Federal gUidelines. In addi is f?T the fullest implementation 'Of .I'isting critical and Immediate problem of child tion, a survey of selected local child abuse laws. Basic to any solution of the pl'qblem abuse; and further demonstrates the pressing programs wlll be conducted as part of an Is the establishment of comprehensive pro need for enactment of S. 1191. effort to develop appropriate criteria to jUdge tective and preventive services, including JUNE 11, 1973. the effectiveness of current models. Whlle it chUd health. services, throughout a State. Hon. CASPAR WEINBERGER, Is too early to specify criteria at this time, While the Federal role. in this process is.lin Secretary, Department of Health, Education, we are looking for programs which allow for important one, the Departntent sees this role and Welfare, Washington, D.O. equal access of all children to services. which as one of providing financial assistance, tech DEAR SECRETARY WEINBERGER: I understand provide a coordinated fiow of cases through nical adVice, and research and demonstra~ that Acting Assistant .Secretary for Human the legal, medical, and social service systems tions to discover· neW and 'more elfective Development Stanley B. Thomas, Jr., an involved, and which have clarity .of assign" means of carrYing out Btate programs, rather nounced on June 9 that HEW has earmarked ment of responsibility In all phases of.a case. than mandating specific procedures~ $4 mlllion to be used in actiVIties relating to 5. The feasibility of establishing a national The principal Federal financial assistance child abuse in fiscal year 1974. clearinghouse will be tested by a recognized to States in serving children and their par As you know, legislation dealing with child authority on chlld abuse and on reporting ents who are involved In child abusederlvef1 abuse is pending before the SUbcommittee. laws. The primary emphasis will be on the from the Soci{\l Security Act, In particular July 14, 1973 CONGRESSIONAL RECORD - SENATE 23899 the. 1967 amendments to title IV-A which grams to determine the most effective means establish criteria designed to achieve equi require that protective services be provided of dealing with the problems of child abuse table distribution of assistance under this 'to all neglected or abused children In fami- at the local level. section among geographic areas of the Na lies receiving AFDC and that cooperative ar As this review of our actiVities Indicates, tion, and among urban and urban areas. It rangements, be worked out with the courts abused or neglected, I have already alluded also specifies that to the extent possible, , andlaw enforcement ofllclals in referring ap to the funds provided under the AFDC, Child citizens from each State receive assistance propriate. cases, and following up on these Welfare and Material and Child Health au from at least one project supported under cases, States may claim 75 percent reimburse thorities of the Social Security Act. But It this section. ment. from the Federal.Government for their should also be recognized that much of the Section 4. National Commission on Child. expenditures for these purposes. In the period current activity and much of the projected Abuse and Neglect • 1971":'74, avproxlmately$224,362,000 of tltle effort in combatting the child abuse prob Section 4(a) creates a National Commis IV~A money will be used to reimburse states lem is supported solely fromstate, local, and sion on Child Abuse and Neglect. for protective services; and $655,000 of these voluntary funding sources, such as hospitals Section 4(b) reqUires that the Commis . funds' Will be spent on research and demon with large pediatric services. We sincerely sion have 15 members, appointed by the Pres strations related to child abuse. believe that such local community efforts Ident with the advice and consent of the During the same period, Federal child wel should be encouraged and supported rather Senate. It specifies that the membership in fare funds, authorized by title IV-B of the than supplanted by Federal mandates. clude parents, State and local ofllclals and S,oclal Security Act, In the amount of $2,643, As this review of our activities indicates, other persons who by reason of experience 000 Will have heen spent for protective serv weare already deeply and firmly committed or training in the fields related to child abuse ices provided' by state child welfare pro to substantial and enhanced efforts to cope and neglect, are especially qualified to serve. grama for children who are not recipients of with the problem of child abuse and neglect. The secretary and the Director of the Ofllce AFDC. Federil.l funds are also prOVided Many of our ongoing activities as well as our of Child Development are named as ex officio through title v of'the Social Security Act, projected ones would be duplicated by the members of the Commission. This subsection by the Maternal and. Child Health Service, provisions of S. 1191. In addition, S. 1191 for health services . which area basic ele also requires that the Commission. be ap proposes the creation of new organizational pointed and hold Its first meeting Within 60 ment of. the Identlfi9ation and treatment of categorical units Which, In the experience of child abuse.ln'addltion. the National Insti days of enactment. ' the Department, tend to work against the de Subsection 4(c). This subsection provides tute of Mental Health wUl have expended an velopment of successful means of dealing ~embers estimated $829,534 from Public Health Serv that the Commission elect one of Its with problema rather than aiding In their to serve as chairman and one to serve as vice Ices Act funds. The total of these Federal solution. expenditures for the 1971-74 period is esti chairman; that a vacanctin the C0IIUnisslon For the above reasons, we belleve that S. not affect Its powers; and that eight mem mated at $231,656,240. 1191 Is unnecessary to carry out the Fed , We believe the most effective approach to bers of the Commission shall constitute a eral role of assisting States and local commu quorum. the problem is to work With State and local nities in coping with child abuse, and we government voluntary agencies and profes Subsection 4(d) requires the Commission recommend against its enactment. to make a full study and investigation of sev sional associations to obtain a more adequate We are advised by the Ofllce of Manage picture of the incidence and characteristics eral questions relateci to child abuse, and to ment and Budget that there is no objection transmit to the President and Congress 1 of chUd abuse than we have now. Rather to the presentation of this report from the than creatihg new ofllces and commissions, as year 9.fter the first meeting a report contain standpoint of the administration's program. ing a statement of the findings and conclu proposed by S. 1191, I am of the opinion that Sincerely, coordination and Intensification of existing sions of the'Commission, together with such CASPAR W. WEINBERGER, recommendations. including recommenda etforts and organizations Will produce greater Secretary. and more lasting positive reSUlts. Accord tions for Federal and State legislation, as It ingly. I have designated the Office of Child deems advisable. Development to take the leadership In co SECTION-BY-SECTION ANALYSIS The questions the Commission is required ordinating the enhanced Department etforts Section 1. Short title to stUdy are the effectiveness of eXisting child in the child abuse and neglect area. The This section proVides that the legislation abuse and 'neglect reporting laws, ordinances Ofllce of Child Development has recentlY may be cited as the "Child Abuse Prevention and related laws; the effectiveness of ex made a grant to Dr. Vincent DeFrancls, a and Treatment Act,'· Isting programs designed to prevent, iden tify, and treat child abuse and neglect: the noted authority in this field, to examine the Section 2. National Center on Child. Abuse feaslb1l1ty of a National Clearinghouse on national incidence of child abuse and neg and Neglect lect; the causes of child abuse and neg Child Abuse. and Neglect for the systematiC This section authorizes the Secretary of gathering of data which would assist in the lect; the adequacy of Federal, State, local. analysis of trends having policy and program HEW. to create, Within the Office of Child publlc, and private funding for child abuse implications. This shOUld be of material as Development. a National Center on Child programs; and the appropriate role of the sistance in the development of effective pro Abuse and Neglect. It specifies that the cen Federal Government in assisting State and grams and the allocation of resources where ter Is authorized to compile, analyze and local public and private efforts to deal with they Will do the most gOod. publish annually a summary of research child abuse and neglect. The National Institute of Mental Health on child abuse and neglect; to develop and Subsection 4(e) authorizes the Commis conducts research, prOVides training, and dis maintain an Information clearinghouse on sion to hold hearings and to take sworn seminatesmaterlals relating to child abuse. programs deallng with child abuse; to com testimony from Witnesses: requires Govern In OCtober 1972, for example, it publlshed a pile and pUblish training materials for per ment agencies to furnish the Commission bibliography entitled "Selected References sonnel in the fields which deal with child with such information as requested by the on the Abused and Battered ChUd," In June abuse: to provide technical assistance to pUb chairman or vice chairman to carry out the of 1973. the National Institute of Mental lic and nonprofit private agencies; and to functions of the Commission; authorizes the Health also supported a conference on child administer the demonstration grant pro chairman to appoint staff and hire consult abuse attended by a number of experts from gram authorized in section 3. ants: authorizes the Commission to enter the key disciplines involved in the problem. Section 3. Demonstration program lor the into contracts with private, nonprofit firms, One of the major etforts of this conference prevention, identification and. treatment Institutions, and individuals to prepare re was to attempt to define the problema of 01 child abuse and neglect search or surveys, reports, and other activ ident1f1catlon of abuse, including the legal, Subsection 3(a) authorizes the Secretary ities deemed necessary; authorizes the com social and medical aspects. At that confer of HEW, through the center, to make grants pensation of members of the Commission at ence, the Acting Assistant Secretary for Hu for demonstration programs designed to pre the maximum per diem rate of G8-18; and man Development outlined the new initia vent, identify, and treat child abuse and specifies that on the 90th day after the date tives which will be undertaken by HEW. in neglect. This section specifies that the grants of submission of Its report to the President, volving the earmarking of $4 milllon of new may be used for training of personnel to deal the Commission shall cease to exist. funds in addition to those already com With chUd abuse; for establishment and COST ESTIMATE PURSUANT TO SECTION 252 OF Jl1itted to tbis problem. maintenance of multidisciplinary centers to THE LEGISLATIVE REORGANIZATION ACT OF 1970 We are also Currently funding projects for deal with child abuse; and for other innova In accordance with sectlon 252(a) of the the provision of emergency services--one tive projects, Including support of parent Legislative Reorganization Act of 1970 (PUb in BU1falO, N.Y. and the other in Nashvllle. self-help organizations, which show promise lic Law 91-510, 91st Congress), the commit Tenn.-which provide assistance to families of preventing or treating child abuse and tee estimates that the cost which would be in crisis, many of which Involve child abuse. neglect. Incurred In carrying out this blll as amended Another of our projects operates a protec Subsection 3(b) specifies that funds pro in the fiscal year ending June 30, 1974, and tive services center. otfering a broad range of vided pursuant to this section shall not be for each of the 4 succeeding years would be services to .families who have abused their used for construction of faclllties but may be $10 mUllon for the tlscal year ending June 30, chUdren. We also are planning a stUdy to used for lease or rental of faclllties where 1974, and $20 million for each of the 4 suc identify the early warning signs of family adequate faclllties are not available: and for ceeding tlscal years. of which not more than dysfunction which is generally a prelude repair or minor remodeling or alteration of $'1 mUlion per annum shall be available for to abuse. Another of our planned studies is existing faclllties. section 2 and not more than $1 mUlion for a national eValuation of child abuse pro- Subsection 3(c) requires the Secretary to section 4 of the bill. 23900 CONGRESSIONAL RECORD·-8ENATE Mr. STAFFORD. Mr. President. the deal daily with the legal, sociological, psy imoUs' consent.that ··a.hiStOl!Y~b(child bili before the Senate is designed to end chological, and medical aspects of child abuse prepared by the CoIigr~l()nlij~e years of Government neglect of a terrible abuse. And we heard, most dramatically search Service of the LibrMY'Qt Ccm.gress and a growing danger to the health and and most· movingly, from parents be included in the RECORD at theconclu- well-being of our Nation's greatest re who had previously been guilty of abus -sion of·· my remarks.. I:also ask. unani source: our children. This legislation is ing their own children. mous consent that editorials on'the sub designed to get us started down the road The hearings revealed. that about ject ttiatappeared in the- 'WaSiliIlgton to the development of a system through 60,000 cases of child abuse are reported Post of April 1, 1973,anf;lintheWa.sh which we will be able to identifY and to annually in this Nation. but specialists ington Star-News onf\pi:i1~,.1973,also treat the thousands of American young in the field were unanimous in their be included in the RECORD' at the .'conclu sters who are victims of child abuse each agreement that only a small percentage sion of my remarks. year. And. perhaps more importantly, of child abuse cases are ever officially The PRESIDING OFFICER. Without this legislation is designed to get our Na reported. The actual number is doubtless objection, it is so ordered. tion started on the quest for a system many times 60.000 each year. (See exhibits 1 and 2,) through which we will be able to prevent We also learned that child abuse is not Mr.STAFFORD.. Mr, President, this the abuse of countless numbers of other associated primarily with any racial, bill, S. 1191, calls fora IIlodestfinancial American children who are destined to ethnic, sociological, or economic group. effort by our Nation..'l'he .. total cost become victims unless we act with deter The specialists told us that the incidence would be $90 million over the next 5 mination. of child abuse is evenly distributed years. It is an investment that cannot In placing this blII before the Senate, among the rich and the poor; the city fail to return many·times that amount we are calling upon the Government of dweller and the farmer; white and black; of money iIi economic gains. But, more the United States to volunteer to act in the college graduate and the high school importantly, it.· is. an 'investment that the defense of American children who dropout. will yield this Nation inuneasurable re- are too young to articulate their needs; So, when you ask, whose children are .. turns in terms of human values. of infants who cannot speak out to call we talking about, the answer is, we are Mr. President, I have had the experi for help; of infants whose only method talking about our children. ence of sitting on the suhcommittee and of expression is often an anguished cry If there is one ·way to anticipate the listening to the experts in this field, of pain and despair. kind of parents who are most likely to parents who have confessed to abusing Equally important, this legislation is inflict abuse upon their children, the their children. I have visitedithe'Chil designed to aid the families of these chil specialists in the field suggested to us dren'slIospitalhere. ~nWllsh1Ilgtonand dren: the fathers and mothers and other that in a majority of cases of reported talked. withth~,team of doctors .and relatives who inflict the abuse, more often child abuse, the victims were.the'chil others who have varioUs disciplines who out of frustration and lack of under dren of parents who had suffered child attempt to deal with this problem. standing than out of any evil intent. It abuse when they were young, Anyone who has seen an abused child has been estimated that 80 to 90 percent Thus, it becomes vital that we act to would, I am sure, agree with me that they of these families can be rehabilitated. halt an evil that appears to perpetuate would want S. 1191 adopted this after given adequate treatment and guidance. itself. noon in the U.S. Senate. I hope we may Mr. President, the Child Abuse Pre While our years of neglect of this prob have its unanimous approval. vention and Treatment Act is designed lem has meant we know too little about . It has been a privilege to serve with the to move on these three fronts: ways of preventing child abuse, there is distinir!1lsned ,. Sima,tor. from. MInnesota First. It would establish within the some evidence of promising efforts to {Mr. MONDALE) , chairman of .. the sub Office of Child Development a center deal with the issue. committee, and.with the distinguished that would take note of all research going The creation and operation of multi senator from West VirgiIlia, Mr. ·JEN on in this field; that would maintain a disciplinary child abuse teams has blazed NINes .. RANDOLPH. chairman of the full national clearinghouse on programs new trails through the forest of neglect. committee. dealing with child abuse treatment and There is one such tea-m at the Children's I urge the adoption ofS. 1191. prevention. and that would make this in Hospital of the District of Columbia. I reserve the remainder of my time. formation, along with training material, There are others at Roosevelt Hospital in EXHIDIT 1 available to persons working in the New York City and at the National Cen CHILD ABUSE LEGISLATION IN THE field. ter for the Prevention and Treatment of UNITED STATES Second. It would establish demonstra Child Abuse and Neglect in Denver. Colo. Ironically. It may very well be the Ilbhor tion grants to be used to train specialists Evidence over the last 4Y2 years at the renee of child abuse which has made it such in the field and to make these specialists Denver center has demonstrated that 90 , a slow moving area of·legislatlon.The very available where they are most needed. percent of abused children have been re idea that a parent. who is supposed to love The demonstration grants would also be turned to their families within 8 months and protect his offspring. could be responsi of treatment and rehabilitation, with no ble for his or her child's physical in,ury, or used to support innovative programs even death is so repUlsive that many are that hold promise for the prevention and repetition of the tragic act. Thus. we reluctant to believe it. Our courts have also treatment of child abuse. have heartening eVidence that we can been reluctant to. get involved' in intema.l Third. It would create a National Com dramaticallY reduce this assault against family government, preferring to let the mission on Child Abuse to examine the our children and against our sensibilities, family head determine his· own laws and To date, Federal support for programs punishments. The implied "hands-off" policy proper role of the Federal Government followed by the courts is very much the re in this field of human need. The Com designed to prevent and treat child abuse have been limited primarily to funds sult of our close association·w1th Ellglish mission would also examine the effec Common Law. Under the English Common tiveness of existing laws and programs available through title IV-A of the Social Law. the right of the father to custody and dealing with child abuse. Security Act for child welfare arid pro . control of his children was considered abso tective services. But, of the $46 million lute'. regardless of the welfare of the child. If anyone has any doubts about my made available to child welfare programs This has carried over to a strong extent in contention that we have been guilty of during the 1973 fiscal year, only $570,000 our own legal system. official neglect of this mounting national was spent on activities related to child EARLY HISTORY OF CHILD ABUSE IN THE U.s. problem, let me note that hearings con abuse prevention and treatment. In qolonlal America, the father ruled both ducted by the Subcommittee on Children Within the last few weeks, the De his wife and his family. Parental discipline and Youth revealed, in the words of the partment of Health, Education, and Wel was severe. and parents. teacher and minis committee report-- fare announced it would make available ters found justification tor stern disciplinary That not one employee of the Federal measures In the Bible. $4 million for programs designed to end The earliest recorded case Of child abuse Government works full time on the problem child abuse. But detailsof the availabil of child abuse. in the pnited:States involved II,' ~assachu ity of that money and the ways.it will be settsman who$e.inaltreatment of his. ap It is time for our Natiori to redress that be spent remain vague. While I welcome prentice resultedin the latt~r'li ileath•.This wrong. the belated commitment of our Govem case. which took place in 1655 described the During our subcomlilittee hearings, we ment to this struggle. I suggest that a kind of brutality which is .common in con· heard testimony from specialists in the much greater effort is needed. temporary child abuse cases. The master was field. We heard the appeals of those who Mr. President, at this point I ask unan- convicted of manslaughter. ordered "burlled July 14, 1973 CONGRESSIONAL RECORD - SENATE 23901 in the hand" and his goods were confiscated. ticular public furor when it was discovered reporting by physicians and institutions in There were also two court cases in Massachu that Just two months prior to her death her the District of Columbia of certain physical setts in 1675 and 1678 which record the re parents had been brought before the New abuses of children. (Clean bill embodying moval of children from their parents because York Family court for alleged neglect and amendments to B.R. 3394). of unsuitable homes. abuse, and the Judge had released the child By: Mr. Multer, August 5, 1965. The dearth of recorded child abuse cases back to her parents' custody. Action: Committee on the District of Co in early American history suggests the gen This brings us to the problem of legisla lumbia considered and approved. Reported eral tendency of the courts to allow parents tion. Between 1963 and 1969, all fifty state and passed House August 9, 1965. Reported their own. discretion in determining home legislatures passed some kind of child abuse and passed Senate, amended September 30, discipline. Parents were considered immune reporting statute, and all but four had man 1965. from prosecution unless the punishment datory requirements. But, despite this legis 89TH CONGRESS, 2D SESSION was beyond the bounds of "reasonableness" lative action there are still thousands of No bills. in relation to the offence, or if the punish cases of suspected abuse which remain un 90TH CONGRESS, 1ST AND 20 SESSION ment was excessive, or the child was reported every year. The problems are diffi injuredpennanently. cult to solve through legislation. The reluct No bills. EARLY REFORM MOVEMENT--cHILDREN ance of people to get Involved, and the pos 91ST CONGRESS, 1ST SESSION AS ANIMALS sibility of civil suits against them if they H.R. 11584-Natlonal Child Abuse Act In 1840 there was a criminal case in· do seems to remain a deterrent despite the Provides for the protection of children under Tennessee Which Involved prosecution for fact that all but one of the states has passed 16 years of age who have had physical injury excessive punishment. Despite evidence some form of immunity legislation. Part of inflicted upon them, or who are further which showed that the child had been beaten, the problem may also lie in the lack of in threatened with physical Injury by the con Whipped, her head pushed against a wall, formation about the subject. The first duct of those responsible for their care. and tied to a bedpost for hours, the court studies which appeared in the early 1960's Requires mandatory reporting by any doc reversed the parents' conviction. It ruled that were often more sensatlonllstic than inform tor, school teacher, social worker or welfare excessive punishment was a question of law, ative. Since that time, more SUbstantive worker of an Incidence of child abuse and and that it was not the punishment, but studies have been conducted and while the makes It a misdemeanor for failure to report. its excessive ·nature which constituted the number of cases reported is stlll considered Would grant immunity to any person tiling a offence. only the "tip of the iceberg", there has been report In good faith. It wasn·t until the second decade of the an increase. Provides for the establishment of a child nineteenth century that public authorities Until Just recently, legislation in the area identification system through the Issuance began to intervene in cases of parental ne of clllid abuse has been confined almost en of a social security number to each child glect. Most of the reform movements were di tirely to the states. Although the passage of immediately after birth. rected toward children in Institutions, how the Social Security Act in 1935 brought the By: Mr. Blaggi, May 22, 1969. ever, and were aimed at preventing a ne federal government into the area of chUd To: Committee on Ways and Means. No glected child from entering a life of crime. welfare, they have mainly concentrated their further action. Probably the most significant and helpfUl concern on flnancial assistance. The 1962 H.R. 11615-Natlonal Child Abuse Act- of all reform campaigns was that launched Amendments to the Social Security Act did Same as H.R. 11584. by the.American SoCiety for the Prevention include a provision which reqUired each state By: Mr. Blaggi et al.; May 26, 1969. of Cruelty to Animals. In 1874, a church to extend their chUd protective services, but To: Committee on Ways and Means. No worker sought the help of the President of aside from this and legislation relating only further action. the ASPCA on behalf of an abused child. to the District of Columbia (which is un 91ST CONGRESS, 2D SESSION The case coricerned a teri-year old foster child der the Jurisdiction of Congress) the fed H.R. 15481-Natlonal Child Abuse Act named Mary Ellen Wilson who was the vic eral government has stayed out of the area Same as H.R. 11584 (above-91st 1st Ses tim of child abuse. At that time there were of child abuse legislation. sion). laws which protected animals but no local, Recently, perhaps because of the increas By: Mr. Blaggl et 901.; January 21, 1970. state or federal laws to protect children. The ing awareness of child abuse, and the re To: Committee on Ways and Means. No case was presented to the court on the theory sulting public outcry, several bills have been further action. that the child was a member of the animal introduced in Congress. Aside from those re H.R. 19208-National Child Abuse Act kingdom, arid therefore entitled to the same lating specifically to the District of Colum Same as H.R. 15481. protection which the law gave to animals. bia there has been no action further than By: Mr. FUlton. In the aftermath of public indignation their referral.to the proper committee. To: Committee on Ways and Means. No over the case Elbridge T. Gerry, the lawyer further action. who represented the ASPCA, founded the New York Society for the Prevention of CHILD ABUSE BILLS 92ND CONGRESS, 2D SESSION Cruelty to Children. It was originally orga (88th Congress through 92d Congress) H.R. 304-National Child Abuse Act--Same as H.R. 19208 (see above). nized as a private group and later incorpo 88TH CONGRESS, 1ST sEsmON rated. Legislation was soon passed in New By: Mr. Murphy (N.Y.) January 22, 1971. York and cruelty societies were authorized No bills. To: Committee on Ways and Means-No to file complaints for the violation ot any 88TH CONGRESS, 2D SESSION further action. laws relating to children, and law enforce B.R. 9652-To provide for the mandatory H.R. 10336--Authorizes the Secretary of ment and court officials were required to aid reporting by physicians and Institutions in HEW to make grants to State agencies to the societies. . the District of Columbia of certain physi assist in developing and carrying out child Similar societies were soon organized in cal abuses of children. abuse prevention programs. Requires that other cities throughout the country and by By: Mr. Multer, January 16, 1964. the states provide for the reporting of in 1922 there were 57 societies for the Preven To: Committee on the District of Co stances of child abuse. Grants immunity tion ot Cruelty to ChUdren, and 307 humane lumbia. from any civil or criminal lIabllity for any societies. With the advent of government in Action: Reported out favorably by com doctors, school teacher, social worker, welfare tervention' into child welfare the number missioners with amendments and referred to worker, medical examiner or coroner who re of these societies has declined. SUbcommittee No. 6 where there was no ports an instance of child abuse. Requires further action. reporting of abuse by the above with a pen RECENT DEVELOPMENTS alty for non-compliance of the reporting re One ot the main reasons for the lack of 89TH CONGRESS, 1ST SEsmoN quirement. Authorizes the person making the prosecution in child abuse cases has always S. 1318-To provide for the mandatory report to hold the child In temporary cus been the difficulty in determining whether reporting by physicians and institutions in tody or transfer the child to another person the physical inJury was, in fact. a case .of the District of Columbl.a of certain physical or agency If It Is necessary In order to pre deliberate assault by a parent, or an accident. abuses of children. vent the further abuse Of the child through Doctors in the area. of pediatric radiology By: Mr. Bible, March I, 1965. the proper court procedure. have been able to determine the incidence of To: Committee on the District of Co By: Mr. Blaggl, August 3, 1971. repeated child abuse through more sophisti~ lumbia. To: Committee on Ways and Means. No cated developments in the area of X-ray Action: Referred to Subcommittee on further action. technology. These advancements have al Public Health. Education, Weltare and 92ND CONGRESS, 2ND SESSION lowed radiologists to see Il10re clearly such Safety Where there was no further action. H.R. 13855-Same as H.R. 10336. things as subdural hematomas (blood clots H.R. 3394-Same as S. 1318. By: Mr. Biagg! et aI., March 16, 1972. around the brain resulting from blows to the By: Mr. Multer, January 25. 1965. To: Committee on Ways and Means. No head) .and allnormal fractures. ThiS has Action: Referred to Subcommittee No.3: brought about more recognition ot the wide further action. considered. amended and approved August 4, H.R. 13856-Same as above. spread incidence. ot child abuse and public 1965. See H.R. 10304. reaction has lleen on the rise. By: Mr. Blagg! et al. March 16, 1972. H.R. 3411-8ame' as H.R. 3394. To: Committee on Ways and Means. No LEGISLATION By: Mr. Sickles, January 25, 1965. The discovery of the bruised and weighte4 further action. H.R. 3814-Same as H.R. 3394. JEAN YAVIS. down body Of three-year Old Roxanne Felu By: Mr. Moorhead. January 28, 1965. Education and Public Welfare Division. mero in the East River in 1969 set olf par- H.R. 10304-To provide for the mandatory November I, 1972, 23902 CONGRESSIONAL RECORD-.SENATE
EXHIBIT 2 JoAnna Stern, the Montgomery county wom ing legislation. I commend the diligence [From the Washington star, Apr. 2. 1973] an found guilty of kUling her 9-year-old of the Senator from Vermont (Mr. stepdaughter· by a series Of tortures almost THE BATTERED CHILDREN STAFFORD) and the littention:tothis sub too terrible to consider: a heightened aware ject matter by all the members of the Of all tbe loathsome happenings we can ness of the reality of child abuse and of the remember In this area, none was more re wholly Inadequate measures we have devised C()mmittee on Labor and Public Wel pelling than this latest rash of child-a.buse to deal with It. As these particular horrors fare, and especially of,the Subcommittee incidents, two of which resulted In the deaths go and case by case, Mrs, Stern's behavior on Children and Youth. of children and conviction of adults. Now toward the child who died would have to be The subcommittee, as we know, is there's a new charge In Montgomery County, considered atypical-most child abuse Is far chaired by the very progressive and help against parents whose three-months-old baby less calculated and grotesque than that In ful Senator from Minnesota (Mr. MON died last week. No one can presume to judge which she engaged. But the part of the story DALE), and I think .that I shouId men guilt or Innocence 111 that case. But this that was, In its special way, most horrifying Whole subject was brought Into chilling focus was also the part that was not atypical, the tion who the other members of the sub the other day before a Senate subcommittee. part about the manner In which responsible committee are. They are senators WIL Anyone who saw the film slide presenta officials of the county, once alerted to the LIAMS, of New Jersey; KENNEDY, of Mas tion before that panel will never forget It. danger the child was In, still failed to take sachusetts; NELSON, of Wisconsin : Indeed a good many people In that commit steps to rescue her in time. We quote a CRANSTON, of Califol'nia; HATHAWAY, of tee room diverted their eyes, SO unbearable memorable passage from LaBarbara Bow Maine. and myself as majority members were the pictures being shown by a team of man's account of the trial In The Post: specialists from Children's Hospital, Those "... a county policewoman told how she of the subcommittee and senators TAFT, who watched saw a procession of infants and .,. tried without success to get the county's of Ohio; BEALL. of Maryland; and, of pre-teen children who had been brutally family services department to take an active course,the Senator who has just spoken, tortured-beaten, burned, scalded, wounded role in the affairs of the troubled family," Mr. STAFFORD, of Vermont. with forks and other Instruments. Some had The particular combInaton of lethargy and Mr. President, in the absence, and broken limbs. These things were suffered confusion that characterized this perform understandably necessary absence of the at the hands of parents and guardians, and ance Is hardly unique to the area we live In. Senator from Minnesota (Mr. MONDALE) , it all happened here In the Washington area, The fact Is that nationwide the relevant au I Worst of all, these cases apparently repre thorities have been slow to recognize the who as other Senators and know would sented just a fraction of the whole picture. dimension of the problem of chUd abuse and be handling this measure today if he Dr. Robert H, Parrott, director of Children's slow to take advantage of the methods avail were present, I ask unanimous consent Hospital, said t.he facility handled about 100 able for detecting its Incidence and prevent that a statement by the. Senator from of the 150 child abuse cases reported In the ing tenlble damage from being done. But Minnesota.. on. S, 1191••. andotherma District last year, "and we estimate there are that should not be much comfort and stlll terial relating to the .Child Abuse Pre three times that many occurring each year. less Inspiration to the people of this area ,vention and .Treatment Act. be printed but going undetected," who have been reading dally about local cases at this point in the RECORD. coming prior And In Montgomery County, suspected of child abuse In which horrendous crimes child abuse cases reported thus far this year are committed against Infants and young to the remarks I wish tomake upon the exceed half the number for all of 1972, and children and In which horrendous mistakes legislation'itself, This is a statement of are more than double tllOse for 1971. This may be made by those charged with protect the chairman of the Subcommittee on probably refiects an improvement of report ing them. Childrenand Youth. ingmore than an increase of abUse, because The Child Abuse Team of Children's Hos The PRESIDING OFFICER (Mr. the area was startled Into a recognition of pital prOVided some Incisive testimony before BAYH). Without objection. it is so or'" the problem. The deatll of nlne-year-old Senator Mondale's Subcommitee on Children Donna Anne Stern under horrifying circum and Youth the other day, outlining the steps dered. stances, and the murder conviction of her that we should be taking to protect the help The statement follows: stepmother last month, didn't escape the less victims of these crimes. And while they STATEMENT OF SENATOR MONDALE attention of very many Montgomery coun described some progress, they also described I sincerely regret that :J: am .unable to be tlans. About half of this year's suspected the severe limitations on action. that pro present In the Senate for .consideratlon Qf cases have been reported by the school sys ceed from the fact that many of the rele S, 1191, "The ChUd Abuse' PreventiOn and tem,cW;blch has acquired a keener awareness vant authorities are under-funded, under Treatment. Act". , '. . of Jts~tionin this field, staffed and under-Informed. Police, judges, I am deeply. gratefUl to Senator Robert :aut, Jlt1ll there are serious shortcomings. lawyers, government workers and medical ,Stafford Qf Vermont, both for .the continuing prore~ forces dealing With this dllem people, according to the Children's Hospital leadership of'blpartlsan support of this blll pul--ell,Ptlclally in the social and psychiatric Team, could all use more education In known and for hls·w1ll1ngness to manage It on the ,,,~jces-are badly understaffed, Sometimes and available techniques for doing much ,11001' today In my absence. '1;bere:Jms been poor communication between better by the victims of child abuse. I WCluid lJ,lso llketo·express 'my. sincere the;rt!sponslble agencies. Some children who In recommending a number of steps to be gratitUde to Senator . Randolph, wbo.has haYcen't been removed from abusive homes taken, the Children's Hospital Team did cite taken an active rQle In 'sllaplngthls leglsle. might'have been saved from injury or death one giant step backwards the Department of ,tion from the beginning. I am particularly haven't been removed from abusive homes Human Resources seems to be taking. It Is gratefUl for the time and trouble he took In time. And deficiencies of law deserve much the elimination of the corps of !lpeclal pro to attend the Subcommlttee's,1leld bearing blame, too. In Maryland, protective, services tective services case workers who have been In Denver, and for his wllUngness to assist workers don't have authority to enter a home, able to devote the requisite special jl.nd ur In managing the b111 today. to Investigate possible child abuse, without gent attention to thosechUdren In distress. , On March 13 of this .year. with thebi- a warrant. Other citiZens often hesitate to That group, rather than being enlarged and ·partisan. cosponsQrsblp of 13 other Senators, Improved, is evidently to be disbanded, with speak up for fear they won't have legal Im I Introduced S. 1191. Since then the Sub- munity In reporting abuse cases. However, the small caseload of each special protective ·committee on ChUdren and.Youth. Which I service worker to be spread