| Child Abuse |
The act of committing physical, emotional or sexual mistreatment and or abuse upon a child.
1. The abuse of a child is when the health or welfare of a child is harmed or threatened by a parent or adult figure. The child can be harmed or threatened by a non-accidental injury, sexual or attempted sexual exploitation or sexual or attempted sexual abuse. A parent or guardian who fails to provide a child with adequate shelter, food, clothing or medical treatment is guilty of neglecting his child, which is considered child abuse. A person who is proven guilty of child abuse can lose permanent custody or visitation with her child, or even face jail time.
Identification
2. Before a person can be accused, charged or convicted of child abuse, the reporting agencies or courts need to establish who is responsible for the welfare of the child. Obviously a parent, legal guardian or foster parents are responsible for the child's welfare. However, when the child is out of the parent's custody, other adult figures are responsible for the child's welfare. For instance, a baby-sitter, teacher, family member or friend who is caring for the child in the absence of a parent or guardian is responsible for the child's welfare and may not abuse or permit any abuse done to the child.
Reporting Abuse
3. When a child abuse has been witnessed, or the child goes to an authority figure to report abuse, it must be reported. Each state has its own laws on who must report child abuse and when. Generally serious physical harm to a child must be reported in each state. However, in Alaska, a religious practitioner who provides spiritual healing to a child cannot be reported for failure to provide medical attention to the child, if that is the recognized practice of the accredited practitioner of the church or denomination.
Confidentiality
4. The confidentiality of child abuse records are protected in each state. States limit who shall have access to any and all child abuse reports or records. Some officials who have access to the records include law enforcement agents who are investigating the child abuse case, physicians who suspect child abuse, a grand jury that is conducting official business or any person authorized by the court of law.
Child Abuse Misconceptions
5. It's a misconception that exposing a child to drugs or alcohol is not child abuse. The Child Abuse Treatment Protection Act requires a state to notify agencies like Children's Services if a child has been exposed to substances such as alcohol, controlled substances or illegal drugs. The act prohibits a parent or adult from manufacturing controlled substances in front of a child, selling or distributing alcohol or drugs to a child or exposing a child to distribution of drugs or a criminal sale. States that honor this act consider this type of behavior child abuse which is punishable as a felony.
Find a Child Abuse Lawyer in Los Angeles County 661-310-7999
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