1. Child and Elderly Abuse
Law Enforcement I

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

3. 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

4. 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

5. 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

6. Abandon (PC )
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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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)

26. 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

27. 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

28. 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

29. 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%

30. 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%

31. 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

32. 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

33. 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)

34. 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

35. 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

36. 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

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

38. 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

39. 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

40. 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

41. 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

42. 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