Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Chapter 9 Child Abuse and Neglect

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Child Abuse and Neglect  Abuse and neglect occur where children suffer maltreatment or neglect at the hands of adults  Maltreatment of one child by another is de facto neglect by an adult  Abuse and neglect occur where children suffer maltreatment or neglect at the hands of adults  Maltreatment of one child by another is de facto neglect by an adult

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Physical Abuse  Causing pain or harm to a child that exceeds the normal bounds of discipline

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Sexual Abuse  Causing a child to submit to, witness, or display sexual behavior

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Emotional or Psychological Abuse  Subjecting a child to excessive verbal discipline or humiliation

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Neglect  Failing to provide reasonable necessities to a child who is not in a position to obtain those necessities without adult assistance

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Dependency  Where parents cannot provide for their children for reasons beyond their control and through no fault of their own

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. CAPTA  Child Abuse Prevention and Treatment Act  42 U.S.C. § 5101 et seq.  Mandates that states must have minimum standards to receive federal funds  Child Abuse Prevention and Treatment Act  42 U.S.C. § 5101 et seq.  Mandates that states must have minimum standards to receive federal funds

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Child Abuse Definitions  Some states define abuse in terms of the parent who committed it  Some states define abuse in terms of the harm to the child without reference to an actor  Some states define abuse in terms of the parent who committed it  Some states define abuse in terms of the harm to the child without reference to an actor

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Recognizing Child Abuse and Neglect  Learn to recognize the signs of child abuse and neglect  Signs are apparent in the child and the adult  Learn to recognize the signs of child abuse and neglect  Signs are apparent in the child and the adult

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Reporting Child Abuse or Neglect  Certain classes of people, including paralegals and other legal professionals, are required to report suspected abuse or neglect  Reports are anonymous  No penalty is incurred if a good faith report turns out to be incorrect  Certain classes of people, including paralegals and other legal professionals, are required to report suspected abuse or neglect  Reports are anonymous  No penalty is incurred if a good faith report turns out to be incorrect

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Sexual Abuse  Medical and legal professionals describe sexual abuse in similar ways  Asymmetrical relationship  Courts use great array of treatments for victims  Medical and legal professionals describe sexual abuse in similar ways  Asymmetrical relationship  Courts use great array of treatments for victims

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Dependency  Court must assume jurisdiction over child  No fault of parents  Court must assume jurisdiction over child  No fault of parents

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Psychological Abuse  Emotional, mental, or verbal abuse  Subjecting child to humiliation, isolation, name-calling, terrorizing, bizarre forms of punishment  Emotional, mental, or verbal abuse  Subjecting child to humiliation, isolation, name-calling, terrorizing, bizarre forms of punishment

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Neglect  Harm resulting from parents’ inaction  Harm and fault must be present  Harm resulting from parents’ inaction  Harm and fault must be present

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Abuse and Neglect Distinguished  Main criteria are intent and degree  Severe neglect will cross over into abuse  Main criteria are intent and degree  Severe neglect will cross over into abuse

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Educational Neglect  Occurs where parents allow children to miss excessive school, not for religious reasons  Permitted chronic truancy  Failure to enroll  Inattention to special educational needs  Occurs where parents allow children to miss excessive school, not for religious reasons  Permitted chronic truancy  Failure to enroll  Inattention to special educational needs

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Medical Neglect  Depriving children of necessary medical care  Some leeway is given to religious groups, but courts will intervene where child is in grave danger  Depriving children of necessary medical care  Some leeway is given to religious groups, but courts will intervene where child is in grave danger

Copyright © 2007 Thomson Delmar Learning. ALL RIGHTS RESERVED. Removal of Children  Authorities can remove children from homes where they face danger