Child and Elderly Abuse Law Enforcement I

Key Terms Child Elderly Younger than 17 years of age Older than 65 years of age

Abuse (HRC Section 48.002) Neglectful or willful infliction of injury Unreasonable confinement Intimidation Cruel and unusual punishment with physical or emotional harm or pain

Sexual Abuse Child is subjected to Indecent Exposure, PC 21.08 Child is subjected to any assaultive, voluntary or nonconsensual sexual conduct listed under PC Ch. 22

Emotional Abuse (FC Chapter 261) 3rd most frequently reported Acts of commission or Acts of omission Cause the child to have serious behavioral, emotional, or mental disorders

Abandon (PC 22.041) Leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability

Neglect (HRC Ch. 48) Includes refusal of or delay in seeking medical healthcare Abandonment Expulsion from the home or Refusal to allow a runaway to return home Inadequate supervision

Educational Neglect Allowance of chronic truancy Failure to enroll a child of mandatory school age in school Failure to attend to a special educational needs

Emotional Neglect Such actions as marked inattention to the child’s needs for affection Refusal of or failure to provide needed psychological care Spouse abuse in the child’s presence Permission of drug or alcohol use by the child

Exploitation (HRC Ch. 48) Illegal or improper act or process By a caretaker, family member, or other individual who has an ongoing relationship with an elderly or disabled person Using the resources of an elderly or disabled person for monetary or personal benefit, profit, or gain Without informed consent of elderly or disabled

Child Abuse Laws Special Relationships (PC Section 9.61): Parent-Child Use of force, not deadly, is justified against a child younger than 18 Person is parent/stepparent/grandparent of child When and to the degree reasonably necessary To discipline, promote welfare or safeguard the child

Child Abuse (FC Ch. 261) Mental or emotional injury to a child Causing or permitting a child to be in a situation that causes harm or injury Physical injury that results in substantial harm or genuine threat from physical injury Failure to prevent injury by another Sexual conduct that is harmful to a child’s mental, emotional, or physical welfare

Child Abuse (FC Ch. 261) (continued) Causing, permitting, encouraging, engaging in, or allowing photographing, filming, or depicting of a child in an obscene manner Use of a controlled substance that causes injury Causing , permitting, or encouraging a child to use a controlled substance

Child Neglect (FC Ch. 261) Leaving a child where he or she is exposed to substantial risk of harm Placing a child in or failing to remove a child from a situation that a person would realize requires judgment or action beyond the child’s level of maturity, physical condition, or mental abilities, resulting in harm Failure to seek, obtain, or follow through with medical care Failure to provide a child with food, clothing, or shelter necessary to sustain the life or health of the child, excluding failure caused by financial inability

Child Neglect (FC Ch. 261) (continued) Placing a child in or failing to remove a child from a situation in which the child would be exposed to a substantial risk of sexual conduct Placing a child in or failing to remove a child from a situation in which the child would be exposed to acts or omissions that constitute abuse Failure by the person responsible for a child’s care, custody, or welfare to permit the child to return to the child’s home without arranging for the necessary care for the child after the child has been absent from the home for any reason Born addicted to alcohol or a controlled substance

Abandoning or Endangering a Child (PC Section 22.041) Abandons A person having custody of a child younger than 15 Intentionally abandons the child in any place Under circumstances that expose the child to an unreasonable risk of harm Endangers A person intentionally, knowingly, recklessly, or with criminal negligence By act or omission Engages in conduct Placing a child younger than 15 in imminent danger of death, bodily injury, or physical or mental impairment

Injury to Child/Elderly (PC Section 22.04) A person intentionally, knowingly, recklessly, or with criminal negligence by omission or act causes Serious bodily injury Serious mental deficiency, impairment, or injury Bodily injury or

Injury to Child/Elderly (PC Section 22.04) (continued) A person is owner, operator or employee of group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility, and The person intentionally, knowingly, recklessly or with criminal negligence causes a child or elderly person who is a resident of the group home or facility Serious bodily injury, impairment, or injury Bodily injury Exploitation

Report (HRC Section 48.051) A person have cause to believe an elderly person is Being abused Being neglected Being exploited

Report (HRC Section 48.051) (continued) Shall report the information immediately A person believes an elderly person has been abused, neglected, or exploited in a facility that is Operated Licensed Certified Registered by a state agency Shall report to the state agency that operates, licenses, certifies, or registers that facility

Duty to Report (HRC Ch. 48) During the scope of their employment Is normally confidential, including Attorney Clergy Medical practitioner Social worker Mental health professional Report orally or in writing: Name, age, and address Name and address of person responsible for care Nature and extent of conditions Basis of reporter’s knowledge Any relevant information

Failure to Report (HRC Section 48.052) Person believes Abuse Neglect Exploitation Has occurred, and Knowingly fails to report the abuse to the appropriate agency

National Statistics: Child Abuse In 2008, the National Child Abuse and Neglect Data System reported the following: More than half of all reports were made by professionals 16.9% from teachers 16.3% from law enforcement 10.6% from social service staff 3.7 million reports and allegations determined 772,000 children were victims of abuse or neglect

National Statistics: Child Abuse (continued) In 2008, the National Child Abuse and Neglect Data System reported the following: (continued) Children under the age of 1 year had the highest victimization, and more than half were white females More than 70% suffered neglect More than 15% suffered physical abuse Less than 10% were sexually abused Less than 10% suffered psychological

National Statistics: Child Abuse (continued) In 2008, the National Child Abuse and Neglect Data System reported the following: (continued) An estimated 1,740 children died from abuse/neglect More than ¾ were under the age of 4 Infant boys had highest rate of fatalities More than 30% of fatalities were attributed to neglect About 80% of perpetrators were parents (more women than men)

National Statistics: Child Abuse (continued) In 2008, the National Child Abuse and Neglect Data System reported the following: (continued) Homicide is the third leading cause of death among 5-14 year olds Fatal abuse interrelated with Poverty Domestic violence Substance abuse Every 10 seconds a child is victimized by abuse or neglect

National Statistics: Elderly Abuse The National Center on Elderly Abuse (NCEA), 2004 Survey of State Adult Protective Services (APS) reported that For every 1 reported case, 5 go unreported 19.7% increase in total reports since 2000 15.6% increase in substantiated cases since 2000 In 2003, 192,243 cases investigated in 29 states

National Statistics: Elderly Abuse (continued) The NCEA, 2004 (continued) 46.7% were investigated and substantiated 72.4% cases were in Texas 65.7% victims were women 42.8% victims were 80 years or older 77.1% victims were white

National Statistics: Elderly Abuse (continued) The NCEA, 2004 (continued) Abusers profile 52.7% of abusers were female 75.1% of abusers under 60 years old 2/3 of all abusers are family members: - Adult children 35% - Other relatives 5.2% - Spouse 13.4% - All others 10.3% - Service providers 6.2% - Siblings 2.9% - Grandchildren 5.9% - Unknown 7.4%

National Statistics: Elderly Abuse (continued) The NCEA, 2004 (continued) Types of Abuses Neglect 58.5% Physical 15.7% Financial 12.3% Emotional 7.3% Sexual 0.4% Unknown 0.6% All other types 5.1%

State Statistics: Child Abuse According to the Texas Department of Family and Protective Services (TDFPS) in Texas in 2009 283,922 total referrals for child abuse and neglect 165,444 were completed investigations 40,126 were confirmed 13,875 confirmed allegations of physical abuse 6,316 confirmed cases of sexual abuse 648 confirmed case of emotional abuse 205 confirmed cases of abandonment

State Statistics: Child Abuse (continued) According to the TDFPS in Texas in 2009 2,109 confirmed cases of medical abuse 6,570 confirmed cases of physical abuse 66,592 were parent perpetrators 56.8% committed by females 51.7% are female victims between 1 and 3 years old 280 Texas kids died due to abuse or neglect

Theories Behind Abuse and Neglect: Child Psychoanalytic Abusive behaviors are determined by subconscious drives and conflicts Abuser suffered rejection and lack of nurturing as a child and then as a parent Fails to nurture Sets unrealistic expectations Reverses roles (i.e. seeks care and nurturing from the child)

Theories Behind Abuse and Neglect: Child (continued) Environmental Substance abuse is one of the top two problems exhibited in 81% of the reported cases Social and environmental problems and crisis cause stress and frustration in the abuser Socialization of the abuser determines his or her response to stress

Theories Behind Abuse and Neglect: Child (continued) Cognitive Development There is a lack of understanding of appropriate parent/child roles as the abuser has self-centered attitudes Abuse occurs from the lack of information and skills as a result of the low level of emotional and intellectual development of the abuser

Theories Behind Abuse and Neglect: Elderly Stress Caring for a dependent elder is a tough job Many elders have physical and mental impairments Caregivers are oftentimes not properly equipped to handle elders due to Their own personal problems Lack of knowledge about caring for an elder Lack of support from other family members

Theories Behind Abuse and Neglect: Elderly (continued) Cycle of Violence Violent behavior is learned Violence is transmitted from generation to generation Abuser was abused

Theories Behind Abuse and Neglect: Elderly (continued) Personal Problems Abusers have more personal problems than non-abusers Abusers frequently suffer from Mental illness Emotional disorders Alcoholism Drug addiction Financial difficulty

Theories Behind Abuse and Neglect: Elderly (continued) Impairment of Dependent Elders Elders in poor health are more likely to be abused than those in good health An estimated 6 million elders are severely disabled and suffer from mental and physical disabilities or both Abuse occurs when the stress of the caregiver is heightened as a result of the elders increased dependency

Battered Child Syndrome A collection of injuries sustained by a child as a result of repeated mistreatment or beating Injuries indicate intentional trauma or appear to be more severe than could reasonably be expected to result from an accident

Characteristics of Victims: Child Child Abuse Have low self-esteem Exhibit demanding or difficult behavior Have a decreased level of functioning Display hyperactivity Are usually under 5 years of age Are more often boys Child Neglect Underweight Poor hygiene Soiled clothing Bald patches Gross unattended dental and medical problems

Characteristics of Victims: Elderly Usually live in a family environment with an abusive adult child or another abuser Suffer from one or more disabilities Need constant care Need a special diet, hygiene, and demonstration of affection and caring Family history of abuse, alcoholism, drug addiction, or other stressor