Child abuse is broadly defined in many states as any type of cruelty inflicted upon a child, including mental abuse, physical harm, neglect, and sexual abuse or exploitation. The specific crimes charged in instances of child abuse can include assault and battery. In many states, certain individuals and caregivers are required by law to report suspected child abuse.
Child abuse occurs when a parent or caregiver physically, emotionally, or sexually mistreats or exploits a child. Sadly, thousands of children fall victim to child abuse each day at the hands of someone they know or someone who is responsible for their safekeeping. A child who has been abused or neglected may experience a range of problems, such as relationship difficulties, lack of trust of adults, emotional outbursts (or retreat), low performance at school, depression, anxiety, and anger. Unfortunately, many cases of child abuse go unreported. In each state, child abuse laws require certain people to report suspected cases of child abuse -- or risk facing penalties although it's a good idea for anyone to report suspected instances of child abuse.
What is Child Abuse?
Child abuse is a crime that encompasses a variety of behaviors involving physical, emotional, or sexual mistreatment or neglect upon a child. State child abuse laws define child abuse as any act (or failure to act) that:
■ Results in imminent risk or serious harm to a child's health and welfare due to physical, emotional, or sexual abuse
■ Of a child (typically under the age of 18)
■ By a parent or caregiver who is responsible for the child's welfare
What is Child Abuse?
Child abuse is a crime that encompasses a variety of behaviors involving physical, emotional, or sexual mistreatment or neglect upon a child. State child abuse laws define child abuse as any act (or failure to act) that:
■ Results in imminent risk or serious harm to a child's health and welfare due to physical, emotional, or sexual abuse
■ Of a child (typically under the age of 18)
■ By a parent or caregiver who is responsible for the child's welfare
In most states, the harm must have been inflicted by non-accidental means. This includes intentional acts, actions that were careless (such as, allowing a known sexual offender or known abuser to be with a child alone), and acts of negligence (such as, leaving a child under a certain age at home alone). Also, the "harm" inflicted upon a child need not be actual, but may include "threats" or "risks of imminent harm".
In addition to state child abuse laws, all states have child protective services (CPS) agencies that investigate reports of abuse and neglect of children in a home. CPS also serves to place children who have been abused or neglected in safer homes, either through adoption or foster care.
Typical defenses include accident, wrongful accusations, and a parent's right to discipline.
Mandatory Reporting Laws
Every state has mandatory reporting laws that require certain people to report apparent or suspected child abuse to a central authority, such as via a statewide toll-free hotline. The reports -- which are often anonymous -- are meant to promote early intervention of child abuse.
Mandatory Reporting Laws
Every state has mandatory reporting laws that require certain people to report apparent or suspected child abuse to a central authority, such as via a statewide toll-free hotline. The reports -- which are often anonymous -- are meant to promote early intervention of child abuse.
Many states require "any person" to report suspected child abuse, whereas other states require mandatory reporting by certain professional, such as doctors, nurses, social workers, school officials, day care workers, and law enforcement personnel. In some states, failing to report instances of child abuse is considered a misdemeanor punishable by fines, jail time, or both.
Child abuse can take a variety of different forms but all are wrong and none of them are the child’s fault. There are two broad categories: abuse and neglect. Neglecting a child is failing to provide for his or her needs; whether emotional; medical; educational or physical whereas abuse can be physical; sexual or emotional. Each state has statutes which provide detailed definitions for abuse, neglect and the perpetrators of that abuse or neglect. In each state there is a Child Protective Service (which may be known by another name in your state) that is given power by federal law to respond to and protect children from abuse and neglect. Once an allegation of child abuse or neglect has been reported the CPS will respond to it within a certain timescale, as provided by their own policy.
Examples of warning signs of abuse of a child may include:
■ Physical abuse - unexplained burns, bites, bruises, and broken bones or parent's philosophy of harsh physical discipline
■ Emotional abuse - extreme behavior, delayed physical or emotional development, attempted suicide, and belittling by a parent or caregiver
■ Sexual abuse - difficulty walking or sitting, reports of nightmares or bedwetting, sudden changes in appetite, sudden refusal to change in front of others or participate in gym activities
■ Neglect - frequent absences from school, obvious lack of medical or dental care, severe body odor, stays home alone
■ Physical abuse - unexplained burns, bites, bruises, and broken bones or parent's philosophy of harsh physical discipline
■ Emotional abuse - extreme behavior, delayed physical or emotional development, attempted suicide, and belittling by a parent or caregiver
■ Sexual abuse - difficulty walking or sitting, reports of nightmares or bedwetting, sudden changes in appetite, sudden refusal to change in front of others or participate in gym activities
■ Neglect - frequent absences from school, obvious lack of medical or dental care, severe body odor, stays home alone
What is Abuse?
Physical abuse is any physical assault that is non-accidental, regardless of whether or not it is intended to hurt the child. The abuse element (as opposed to simply an assault of a child) arises because a person is in a position of trust with the child, in other words, is responsible in whole or in part for the care or welfare of that child. However, ‘reasonable’ physical discipline that does not cause injury is not considered abuse. Emotional abuse can include withholding love, criticism and rejection. Sexual abuse includes inappropriate touching, penetration, sodomy and taking indecent photographs.
Physical abuse is any physical assault that is non-accidental, regardless of whether or not it is intended to hurt the child. The abuse element (as opposed to simply an assault of a child) arises because a person is in a position of trust with the child, in other words, is responsible in whole or in part for the care or welfare of that child. However, ‘reasonable’ physical discipline that does not cause injury is not considered abuse. Emotional abuse can include withholding love, criticism and rejection. Sexual abuse includes inappropriate touching, penetration, sodomy and taking indecent photographs.
What is Neglect?
In terms of neglect a child can be abandoned, poorly fed, left alone, not given adequate emotional, medical or educational attention. However not all instances of these events prove that the child is neglected. In some states, pregnant women who use illegal drugs can also be defined as abusive or neglectful. Additionally, if a parent or guardian is under the influence of drugs or alcohol to such an extent that they are unable to care for the child, this can also be defined as neglectful behavior.
In terms of neglect a child can be abandoned, poorly fed, left alone, not given adequate emotional, medical or educational attention. However not all instances of these events prove that the child is neglected. In some states, pregnant women who use illegal drugs can also be defined as abusive or neglectful. Additionally, if a parent or guardian is under the influence of drugs or alcohol to such an extent that they are unable to care for the child, this can also be defined as neglectful behavior.
Identifying Abuse and Neglect
It can be very difficult to identify child abuse, but here are some common signs; the child may be withdrawn; change behavior suddenly or not want to go home; be passive, compliant or on edge; or may not seem to be cared for (e.g. medical treatment not sought after the parent has been made aware of the need for it.) A parent may show signs of abusing or neglecting their child by putting unrealistic academic pressure on the child, blaming the child for things that aren’t their fault, and not showing care or concern for the child or their wellbeing. Together, the parent and child may be distant, hardly ever touch each other or seem not to engage with each other. They may each openly admit to not liking the other. However, the way that the parents and children act varies enormously from case to case.
It can be very difficult to identify child abuse, but here are some common signs; the child may be withdrawn; change behavior suddenly or not want to go home; be passive, compliant or on edge; or may not seem to be cared for (e.g. medical treatment not sought after the parent has been made aware of the need for it.) A parent may show signs of abusing or neglecting their child by putting unrealistic academic pressure on the child, blaming the child for things that aren’t their fault, and not showing care or concern for the child or their wellbeing. Together, the parent and child may be distant, hardly ever touch each other or seem not to engage with each other. They may each openly admit to not liking the other. However, the way that the parents and children act varies enormously from case to case.
Child abuse is one of the most destructive crimes in our society, with the damage to the child persisting through their entire lifetime. Because the victims in these types of crimes are often unable or afraid to report the offender, there are provisions in many state child abuse laws requiring third parties to come forward with knowledge of an abusive act. This legal requirement to report can get complicated when privileged relationships are involved, such as that between a patient and their doctor or a client and their attorney. Also, the definition of abuse is often vague, making it difficult to know what activities should be reported.
Once an incident of child abuse is reported, the state child protection office may be able to act immediately and remove the child from the home. This is different than most cases where Constitutional protection requires a trial before an action may be taken. Immediate action is permitted in child abuse cases in order to protect the child from a possibly abusive home situation. Unfortunately, this does occasionally lead to families being broken up over claims that were later found to be false or unsubstantiated. To combat this, many states now have laws penalizing those who file false child abuse claims.
In most cases, however, an investigation is performed before the agency decides to remove the child from an abusive home. Evidence of abuse or gross neglect must generally be found before any action is taken. Even if no abuse is found, a neglectful situation that is dirty, unsafe, or unhealthy may be sufficient to require the child protection agency to step in on the child's behalf. Removal from the home and placement into foster care is only done in cases of severe or persistent abuse. Most of the time, the family is referred to counseling or to a family court to resolve the issues. In serious abuse cases, the abuser may be charged with a criminal offense and sent to criminal court.
In recent years, child abuse laws have been expanded to provide even more protection for children. Some of the changes include covering pre-natal abuse to fetuses while still in the mother's womb and adding a provision covering the enticement of children into sexually exploitive activities. Other changes have expanded the list of health professionals who are required to report possible abuse, often including such professions as dentists, Christian Scientists, nurses, and chiropractors.
Laws Protecting Children
In the United States there are federal provisions that require all states to have laws protecting children from child abuse. In every State, health care professionals, teachers, day care workers and law enforcers are legally obliged to report suspected cases of child abuse. In some States, these obligations extend to attorneys, clergy and camp counselors. There are also a substantial number of States that require everyone to report a case of suspected child abuse.
In the United States there are federal provisions that require all states to have laws protecting children from child abuse. In every State, health care professionals, teachers, day care workers and law enforcers are legally obliged to report suspected cases of child abuse. In some States, these obligations extend to attorneys, clergy and camp counselors. There are also a substantial number of States that require everyone to report a case of suspected child abuse.
Federal Law
The Federal Child Abuse Prevention and Treatment Act (CAPTA) (amended by the Keeping Children and Families Safe Act 2003) provides a broad minimum definition of child abuse. In addition it defines abuse relating to a failure to seek medical treatment and sexual abuse. However, the Act requires each individual state to define physical abuse, emotional abuse and neglect to establish its own civil and criminal laws.
The Federal Child Abuse Prevention and Treatment Act (CAPTA) (amended by the Keeping Children and Families Safe Act 2003) provides a broad minimum definition of child abuse. In addition it defines abuse relating to a failure to seek medical treatment and sexual abuse. However, the Act requires each individual state to define physical abuse, emotional abuse and neglect to establish its own civil and criminal laws.
Although the specific provisions will depend on the state, there are three major legal elements to consider: the criminal implications of abusing a child, the requirements to report maltreatment (which are provided by civil law) and the powers conferred on the juvenile court to take custody of the child if the home environment is unsafe.
The Protect Act of 2003 (Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today) has wide-ranging powers relating to the abatement of, and punishment for, criminal activity that exploits children. For example, it removed the statute of limitations for cases involving child abuse and/or abduction, as well as removing the requirement for a waiting period after a person between the ages of 18 and 21 is reported missing (Suzanne’s law). Further this Act implemented a number of new provisions concerned with indecent images of children, including drawings, sculptures, and computer-generated images.
State Variations
An example of how the provisions may vary from state to state can be demonstrated by the state-specific laws concerning the legal consequences for a parent who commits an act of domestic violence in front of a child. In some states this is a separate criminal offence, whereas in others it is seen as an ‘aggravating feature’ of the original act of violence. There are also provisions, in some jurisdictions, for the offender to pay for counseling for the child and other states require the offender to undertake counseling themselves.
An example of how the provisions may vary from state to state can be demonstrated by the state-specific laws concerning the legal consequences for a parent who commits an act of domestic violence in front of a child. In some states this is a separate criminal offence, whereas in others it is seen as an ‘aggravating feature’ of the original act of violence. There are also provisions, in some jurisdictions, for the offender to pay for counseling for the child and other states require the offender to undertake counseling themselves.
Each state also has its own provisions that provide the grounds for terminating a person’s parental rights, which has obvious relevance in adoption cases. It is very important if you are concerned about the welfare of a child you should contact your local agency. They can be called different names depending on the state: Department of Children & Family Services, Department of Social Services or the Child Protective Services (CPS.)
Child Custody Law
Following the separation of biological parents, the future of the offspring produced by the relationship is in question. Typically, contrary to popular tabloid fodder, these cases are easily settled out of court through competent legal professionals, but there are instances where vindictive or divisive ex-partners refuse to reach an amiable agreement on affable terms. Contentions between two parties in these forms of child custody battles generally do end up in family court with a judge presiding over their child custody dispute. In any case, knowing your legal options, rights, and incentives concerning child custody is completely pertinent to the jurisdiction where the child or children currently reside. For this reason, only a local lawyer is best suited to tackle your child custody dispute. Many times, though, a general overview of child custody and they various versions of custodianship a parent can obtain is helpful when communicating with your legal counsel or attorney. Knowing your rights as a parent, as well as the rights of your children, is an essential part of providing yourself and your child the ideal future together.
There are several notable and common forms of child custody, which include:
• Sole Custody
• Joint Custody
• Legal Custody
• Physical Custody
Physical Custody in Regards to Child Custody Rights
When the family courts deem a parent to have “physical custody,” this parent has the legal right to allow the child or children to live in a shared residence. Many times, parents can share “joint physical custody” of a child if both parents are seen as fit to care for the child. Numerous issues can crop up in determining the physical custody rights of a parent, and in keeping with the best interests of a child, some family courts judge very stringently in regards to the lifestyle, residence, and history of parents actions towards the children.
Some reasons a parent may face denial of physical custody rights include:
• Instances of physical, mental, emotional, or sexual abuse
• Substance abuse problems
• Failure to provide a safe environment for the children
• Unsafe associations, friends, or family members of parent
• Past or current exhibitions of mental illness
• Failure to meet child support of family court financial obligations
Legal Custody in Regards to Child Custody Rights
Besides simply caring for a child on a day-to-day basis and providing for basic needs such as food, shelter, and clothing, the courts expect parents to make decisions in the best interests of their child or children. Part of being a parent is ensuring the right decisions for children, ones that will offer them the utmost development and ability to pursue future opportunities. Aside from physically caring for a child or children, parents must also think in the best interests of a child and act accordingly with these decisions. “Legal custody” is the parental rights to make decisions for a child.
Some decisions “legal custody” grant parents the right to make include:
• Education
• Medical care
• Faith-based influences
• Extracurricular activities
• Future planning and decisions
Following the separation of biological parents, the future of the offspring produced by the relationship is in question. Typically, contrary to popular tabloid fodder, these cases are easily settled out of court through competent legal professionals, but there are instances where vindictive or divisive ex-partners refuse to reach an amiable agreement on affable terms. Contentions between two parties in these forms of child custody battles generally do end up in family court with a judge presiding over their child custody dispute. In any case, knowing your legal options, rights, and incentives concerning child custody is completely pertinent to the jurisdiction where the child or children currently reside. For this reason, only a local lawyer is best suited to tackle your child custody dispute. Many times, though, a general overview of child custody and they various versions of custodianship a parent can obtain is helpful when communicating with your legal counsel or attorney. Knowing your rights as a parent, as well as the rights of your children, is an essential part of providing yourself and your child the ideal future together.
There are several notable and common forms of child custody, which include:
• Sole Custody
• Joint Custody
• Legal Custody
• Physical Custody
Physical Custody in Regards to Child Custody Rights
When the family courts deem a parent to have “physical custody,” this parent has the legal right to allow the child or children to live in a shared residence. Many times, parents can share “joint physical custody” of a child if both parents are seen as fit to care for the child. Numerous issues can crop up in determining the physical custody rights of a parent, and in keeping with the best interests of a child, some family courts judge very stringently in regards to the lifestyle, residence, and history of parents actions towards the children.
Some reasons a parent may face denial of physical custody rights include:
• Instances of physical, mental, emotional, or sexual abuse
• Substance abuse problems
• Failure to provide a safe environment for the children
• Unsafe associations, friends, or family members of parent
• Past or current exhibitions of mental illness
• Failure to meet child support of family court financial obligations
Legal Custody in Regards to Child Custody Rights
Besides simply caring for a child on a day-to-day basis and providing for basic needs such as food, shelter, and clothing, the courts expect parents to make decisions in the best interests of their child or children. Part of being a parent is ensuring the right decisions for children, ones that will offer them the utmost development and ability to pursue future opportunities. Aside from physically caring for a child or children, parents must also think in the best interests of a child and act accordingly with these decisions. “Legal custody” is the parental rights to make decisions for a child.
Some decisions “legal custody” grant parents the right to make include:
• Education
• Medical care
• Faith-based influences
• Extracurricular activities
• Future planning and decisions
For many cases, parents whom both exhibit sound reasoning capacity in the best interest of a child or children can share legal custody in a procedure known as “joint legal custody.” Judges look favorably upon the beneficial nature of both mother and father being involved in a child’s life, and thus, tend to award joint legal custody; however, there are numerous circumstances, which would not prove beneficial to both parents making decisions for a child. In some cases, the parents cannot simply put aside their resentments and disagreements to make any decision with a child’s interests in mind. In these cases, a family court judge will intervene, which usually proves costly, emotionally charged, and potentially unwanted. For times where one parent is not or cannot seemingly prove themselves willing and able to care for a child or children, family court judges can implement sole custody arrangements.
Sole Custody in Regards to Child Custody Rights
Family courts can declare one parent the sole custody holder of a child or children. If another parent is seen as unhealthy or unfit for a child to be around, the courts will always act in the best interests of the child and award sole custody. Of the aforementioned reasons for a parent being denied physical custody of a child, the same are applicable in regards to a parent being awarded sole custody. Courts, however, do understand the importance of both parents in the lives of their children, and whenever feasibly possible, judges will work to keep both parents involved in a child or children’s lives. This can be achieved even when one parent obtains sole custody through visitation rights and noncustodial parental visits.
Family courts can declare one parent the sole custody holder of a child or children. If another parent is seen as unhealthy or unfit for a child to be around, the courts will always act in the best interests of the child and award sole custody. Of the aforementioned reasons for a parent being denied physical custody of a child, the same are applicable in regards to a parent being awarded sole custody. Courts, however, do understand the importance of both parents in the lives of their children, and whenever feasibly possible, judges will work to keep both parents involved in a child or children’s lives. This can be achieved even when one parent obtains sole custody through visitation rights and noncustodial parental visits.
Joint Custody in Regards to Child Custody Rights
When biological parents of a child or children no longer share a residence, these parents have the opportunity to share in the upbringing of children through join custody. Joint custody allows both parents to participate in the decision-making and daily upkeep of a child. More common than is realized by the general public, this custody arrangement is the most popular of all custody arrangements.
When biological parents of a child or children no longer share a residence, these parents have the opportunity to share in the upbringing of children through join custody. Joint custody allows both parents to participate in the decision-making and daily upkeep of a child. More common than is realized by the general public, this custody arrangement is the most popular of all custody arrangements.
Methods of Establishing Child Custody Arrangements
Child custody arrangements begin at the personal level between two parents. Sometimes, an amicable rapport between the two separated parties allows for an appropriate and fair agreement to be reached by both parties without legal or court intervention. This proves inadvisable, however, as these agreements are not legally binding. For couples wishing to avoid family court, lawyers can legally and efficiently mediate and document appropriately any child custody agreement between two parties. Typically, the majority of couples choose to pursue this route. For couples that are on less than ideal terms, and in turn cannot set aside their differences in regards to caring for their children, family court intervention is the final destination. In a state family court, judges will mediate and rule over the child custody arrangements, and in doing so, will establish a legally binding court mandate. Both parents are obligated to follow this mandate in regards to their relationship with the child or children and failing to do so could result in contempt of court charges. Only a child custody lawyer is best suited to deal with issues as highly unique as child custody cases.
Child custody arrangements begin at the personal level between two parents. Sometimes, an amicable rapport between the two separated parties allows for an appropriate and fair agreement to be reached by both parties without legal or court intervention. This proves inadvisable, however, as these agreements are not legally binding. For couples wishing to avoid family court, lawyers can legally and efficiently mediate and document appropriately any child custody agreement between two parties. Typically, the majority of couples choose to pursue this route. For couples that are on less than ideal terms, and in turn cannot set aside their differences in regards to caring for their children, family court intervention is the final destination. In a state family court, judges will mediate and rule over the child custody arrangements, and in doing so, will establish a legally binding court mandate. Both parents are obligated to follow this mandate in regards to their relationship with the child or children and failing to do so could result in contempt of court charges. Only a child custody lawyer is best suited to deal with issues as highly unique as child custody cases.
Child Custody: A Guide for Parents
When parents end their relationship, determining who gets the children is one of the most important decisions they will have to make. Legal custody of a child means having the right and obligation to make decisions regarding the child’s upbringing. These may include schooling, religion, medical care and lifestyle choices. When the parents cannot make this decision without a dispute, allegations against their spouse or partner are widespread in the effort to win custody. False accusations of child abuse (emotional, physical and sexual), financial and/or educational incompetency and substance abuse are common claims made by one parent against the other.
When parents end their relationship, determining who gets the children is one of the most important decisions they will have to make. Legal custody of a child means having the right and obligation to make decisions regarding the child’s upbringing. These may include schooling, religion, medical care and lifestyle choices. When the parents cannot make this decision without a dispute, allegations against their spouse or partner are widespread in the effort to win custody. False accusations of child abuse (emotional, physical and sexual), financial and/or educational incompetency and substance abuse are common claims made by one parent against the other.
With the recent advances of technology, courts are now having to deal with decisions regarding unborn children. In several recent custody cases, couples have fought over the custody of frozen embryos. Fertilized embryos contain the genetic material of both the mother and the father. Based on the history of case law, the mother frequently wins this fight. However, the father is given the right to not pay child support in certain instances. The most recent case law on the legal status of frozen embryos is that either genetic parent has an absolute right to prevent implantation of any frozen embryo.
Divorce and/or Separation and Child Custody
Dealing with child custody and visitation is one of the most difficult aspects when getting divorced or separated. The court of jurisdiction for the divorce proceedings will also determine child custody arrangements. If the parents have children together while married, they have joint guardianship over that child and their rights are equal. They both have an equal right to custody when they separate. If the parents are unable to reach a custody agreement, the court must help to determine what is best for the child. In some cases, the court may order a psychological examination of one or both of the parents. This is often referred to as a parenting evaluation which is a formal investigation to asses the level of each parent’s parenting skills and which parent may be best suited to care for the child.
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Source: FindLaw.com and LawFirms.com
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