Texas Law Case Study

“ 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

abuse or suspected abuse of vulnerable individuals is mandated to be reported in most states

Texas has been through a lot of changes and constitutions. After constants debates of what the constitution should be, the current Texas constitution was established in 1876 and is the 7th constitution Texas has had. It created 3 branches of government: Legislative, Executive, and Judicial. The current constitution has great qualities, but it also contains a lot of weaknesses that shouldn’t be ignored for the sake of pride.

If any professional becomes concerned that a child might be at risk of abuse, be it physical, sexual, emotional or neglect, it is their legal duty to pass on such concerns to the appropriate professionals who can assess if and what action should be taken. In cases where it will not put the child at greater risk or danger, the parents / carers of the child will be informed that such action has been taken.

Advocacy is a fundamental responsibility in nursing because patients are inherently vulnerable (Creasia & Friberg, 2011). The scenario presented is challenging because, although the nurse suspects child abuse, there is a lack of explicit evidence. Reporting suspected child abuse is a legal obligation for nurses, but the result may have devastating effects for the family. To prevent inaccurate conclusions, a professional nurse should question the mother and child separately and attempt to uncover the

Yes, Tavion’s mother’s statement of concern about the suspicion of abuse should warrant a valid reason to lunch investigation in the child injury. Moreover, the emergency department staff had suspicion about the Tavion’s injury due to the fact injury is not consistence with an injury sustained in park playground. Hospitals are mandate by law to report any suspicion of child abuse; the Child Abuse Prevention and Treatment Act enacted in 1974 was designed to encourage the reporting of child abuse cases, and prevention. In addition, most states have enacted laws to further protect abuse children, and most states protect the individual required to report cases of suspected child abuse; the following individual are eligible to report suspected cases of abuse include healthcare administrators, physicians, interns, registered nurse, chiropractors, social service workers, psychologists, dentists, osteopaths, optometrists, podiatrists, mental health professionals, and volunteer in healthcare facilities (Pozgar, 2014).

The Highest court in the United States is the Supreme Court. The Court consists of nine Justices, 1 Chief and eight Associate Justices. Cases that make it to the supreme courts are cases that have been heard and decided from lower courts at the State level. Which cases get picked? For the Judges to actually hear the case 4 of the 9 justices have to agree to hear the case. The Supreme Court does not have the time to hear every case because of time and resource constraints. Nevertheless, if a petition is granted it goes on the discussion list for approval. The Supreme Court only hears cases that involve federal issues. The Supreme Court will ignore the case that involved issues with the State. To mention a few examples of cases the Supreme Court has heard. First, if a case involves a federal issue. Second, if a case raises a new constitutional question. Finally, if two different appeals court issue two different

It is important to remember that if the professionals involved decide to investigate the matter when a suspected case of child abuse has been reported by the practitioner; then the practitioner’s records will be vital evidence and, as such, must be accurate. It may be many months after the event has taken place when the practitioner is

When a child is suspected of being abused, neglected or placed at imminent risk of serious harm by a member of the staff of a private or public school or an institution that cares for the child, the person in charge of the school or facility must notify the child’s parent or other person responsible for the child’s care that a report has been made. The state’s department of child abuse responsibility is to notify the head of a facility, school or establishment that a report has been made.

The government of the state of Texas is a difficult and complicated institution that is composed of many different levels. The question comes in to everyone's mind at one time or another whether or not to trust the government. It could be that people believe that the officials will take advantage of their power, or simply people don't like the idea of being controlled by someone who is not a family member or friend. To avoid this centralized power, the government is divided into stages and this is a reasonable ground for trusting the government. Government runs this state and it does deserve to be trusted.

The Texas judicial system has been called one of the most complex in the United States, if not the world. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas Constitution.

The government of the state of Texas is a difficult and complicated institution that is composed of many different levels. The question comes in to everyone's mind at one time or another whether or not to trust the government. It could be that people believe that the officials will take advantage of their power, or simply people don't like the idea of being controlled by someone who is not a family member or friend. To avoid this centralized power, the government is divided into stages and this is a reasonable ground for trusting the government. Government runs this state and it does deserve to be trusted.

which provides a screening to be used only when a child has been sexually abused or assaulted,

April 17, 2013, the case of Salinas V. Texas was presented to the United States Supreme Court to be argued and decided. The case disputed a person's Fifth Amendment’s privileges to self-testify and remain silent. After murdering two brothers after an apparent party in 1992, Salinas was deemed the main suspect and was taken into custody for further questioning. There was one catch though, Salinas was never read his Fifth Amendment rights before questioning, only before he was tried.

There has been seven Texas Constitutions since 1827 including our current Constitution, which was established on 1876. Our current constitution has been amended hundreds of times because of its tight restrictions. The Legislative department is the dominant branch of the Texas Constitution it is subject to check and balances in the tripartite system. The Executive department limits the government’s power, and the judicial powers is divided into smaller courts. These three branches of the Texas are examples of how restricted and limited our constitution is.