Physical Abuse Statues
Paper #3
Child abuse. Two words that should never have to be seen side by side. However, child abuse and neglect is a problem that affects millions of children each year in the United States. Every day, many children’s well-being and safety are harmed by the physical, sexual, and emotional abuse and neglect that parents and caregivers inflict upon them. Unfortunately, to wish otherwise would be the same as to wish for a perfect world. We must do the best that we can as a society with the power of the law on our side to help the innocent young victims of child abuse. We have a responsibility as human beings to do all that we can for these children. There are numerous definitions of what constitutes child abuse and neglect and they vary across time and the way our society grows. There are many ways to protect a child, but one of the best ways is to know and understand your state statute on child abuse and neglect. Each state is different in their guidelines, however, I am going to explain one state’s advantage and disadvantages that it may portray. The statue for North Dakota is broken up into multiple sections, such as, Physical Abuse, Neglect, Sexual Abuse/Exploitation, Emotional Abuse, Abandonment, Standards for Reporting, and Persons Responsible for the Child. A summary of the statue is that it prohibits serious harm caused by
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I did find to it to be quite detailed but also an advantage for the state statute in regards to Child Abuse and Neglect. I do not believe that there is any gray area in what is defined or not defined as child abuse. I found it very reassuring that like Wyoming everyone in North Dakota is considered a mandatory reporter and expected to report any suspected abuse. Knowledge of any abuse and failure to report could lead to a misdemeanor offense and possible
“ The Federal Child Abuse Prevention and Treatment Act (CAPTA) … defines child abuse and neglect as, at minimum: "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm."” (U.S. Department of Health & Human Services and Administration for Children & Families, "Definitions of Child Abuse
Child abuse is the physical or emotional abuse of a child by a parent, guardian, or other person. Reports of child abuse, including sexual abuse, beating, and murder, have jumped in the United States and some authorities believe that the number of cases is largely under reported. Child neglect is also included in legal definitions of child abuse to cover instances of malnutrition, desertion, and inadequate care of a child's safety. When reported, inadequate foster care services and a legal system that has trouble accommodating the suggestible nature of children, who are often developmentally unable to distinguish fact from make-believe, complicate child abuse cases
Child abuse is an issue within society that effects the lives of not only the victims but also the lives of many people in the social order. Child abuse is any mistreatment or neglect of a child that results in non-accidental injury or harm and which cannot be logically explained. There are several forms of abuse and neglect and many state governments have developed their own legal description of what constitutes child maltreatment for the purposes of removing a child and prosecuting a criminal charge. Child abuse consists of different forms of harm including physical, emotional, sexual, and neglect.
The facts in this case are regarding the petitioner, Joshua DeShaney and the respondent, the county department of social services. In 1979, Joshua DeShaney was born and in 1980, a Wyoming court granted his parents a divorce and awarded custody to his father, Randy DeShaney. In January of 1982, Randy DeShaney’s second wife complained that he had previously “hit the boy, causing marks, and was a prime case for child abuse” (DeShaney v. Winnebago County). This would turn out to be the first of many complaints against Randy DeShaney regarding the abuse of Joshua DeShaney. Winnebago County Department of Social Services interviewed the father, and when asked if he abused his son, he denied such accusations and they did not pursue him any further. In January 1983, one year later, Joshua was admitted to a local hospital with bruises and abrasions, because of which, the physician suspected child abuse and notified the DSS. The DSS subsequently placed Joshua in temporary custody of the hospital but decided there was insufficient evidence of child abuse. They then recommended that Randy DeShaney enroll his son in preschool, provided Joshua’s father with counselling, and encouraged
Chapter 568 (Missouri General Assembly, 2013)is the Missouri Statues is Offenses Against the Family. In Section 60 of this statue, it focuses on what is classified as child abuse and the penalties. Those affected in this case, are children under the age of 18 and their offenders. Currently the statute includes 7 definitions of abuse. These include
When children come into the custody of DCFS and are placed into Foster Care they are scared, confused, lonely, and usually conditioned not to tell when they are being mistreated. Most of the children that come into “the system” have learned to accept abuse as normal or natural and are unaware that they are even being mistreated. Therefore, when they are placed in homes where this is occurring it is not in their nature to speak up. Once they are removed from their parents, they are solely reliant on the department for their protection and it is the department’s responsibility to provide that protection which has not always been fulfilled by the department or the foster care agencies. The department should be making reasonable efforts to provide proper services
What is child abuse? From the word “abuse” we can understand that it is some sort of a maltreatment of a child, causing harm and damage both to his physical and psychological well-being. At the Federal level, the Child Abuse Prevention and Treatment Act (CAPTA) describes child abuse and neglect as: “any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm.” Child abuse is a very substantial and widely spread problem in U.S. affecting children of any age, gender, race, background or income, with more than 1.8 million investigations done every year and on average, killing more than 5 children every day. The main issue of child abuse is that the abuser is usually someone a child loves or depends on (a parent, sibling, coach, neighbor, etc.), who violates child’s trust putting personal interests first, therefore official numbers of how many children suffer maltreatment might be not accurate enough as remarkable amount of these cases go unreported. Each case of child abuse is unique, with a lot of individual factors involved, nevertheless, we can distinguish some of the common causes, such as poverty, lack of education, depression, mental or physical health
Child abuse is when a parent or caregiver, through action or failure to act, causes injury, death, emotional harm or risk of serious harm to a child. According to The Federal Child Abuse Prevention and Treatment Act, as amended by the CAPTA Reauthorization Act of 2010, at a minimum, child abuse and neglect is defined as, "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm (Children 's Bureau, 2010)." The law recognizes a child as being any person who is under the age of 18. The law is broken into 2 sections, and each section treats the idea of child maltreatment in different ways. Criminally, those who abuse children are able to be arrested and prosecuted in court. Civil statutes say that people who suspect a child of being abused are mandated to identify and report it.
The National Children 's Alliance reported that the number of unique cases of abused and neglected children in the United States stands at an annual rate of 700,000 and rising (as cited in ?U.S. Department of Health & Human Services,? 2016, p. ii). Sadly, this means that more than 1,900 new children become victims of abuse and neglect with each passing day. Neglect was the type of
What constitute a child abuse in each state may vary, but ultimately, it has the same components. Child abuse is defined as a physical, emotional or psychological abuse including sexual abuse, exploitation, abandonment, or neglect, torture, confinement, cruel punishment in the State of New Mexico. Whereas in Colorado, it constitutes a child abuse or neglect as a resulting in imminent risk of serious harm, death, serious physical or emotional harm, sexual abuse, or exploitation of a child. For Arizona, child abuse consist of infliction or allowing of physical injury, impairment of bodily function or disfigurement, serious emotional damage diagnosed by a doctor or psychologist, and as evidenced by severe anxiety, depression, withdrawal, or aggressive behavior caused by acts or omissions of individual having care and custody of child. All three states are very clear that
The Child Abuse Prevention and Treatment Act of 1974 was originally created to protect a target population of children, under the age of 18, from child abuse and neglect; however, over the years this act has been amended and improved to protect a wider population, with many specific subpopulations, over the past 42 years. In the original text of the act, two specific populations are addressed with different goals: reducing the rate of child abuse in children under the age of eighteen, and improving the treatment of children who had been maltreated or neglected (National Low Income Housing Coalition, 2014). It is easy to see that this act and policies within it are aimed at protecting children specifically, yet looking only at the children,
Child abuse is a very sensitive issue that needs to by carefully handled. Child abuse is defined as a no accidental injury or pattern of injures to a child for which there is no reasonable explanation.
Compare and contrast the different state statutes presented in the text (MD, NV, AZ and Nebraska) along with CA (infliction of “unjustifiable physical pain or mental suffering,” CO (injury or threat thereof to child’s life or health,” and MO (creating a “substantial risk to a child’s physical, mental, or emotional health or
Child maltreatment: “Federal law defines child abuse and neglect as any recent act, or failure to act, on the part of a parent or caretaker that results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm to a child” (“Child Abuse and Maltreatment,”
INTRODUCTION: “Child Abuse occurs when a parent or a care taker physically, emotionally, or sexually mistreats or neglects a child resulting in the physical, emotional, or sexual harm or imminent risk of harm or exploitation, or in extreme cases the death of a child,” child abuse is a big deal because in today’s society many children face abuse, there are many effects and reasons as to why a child may be abuse.