Child Abuse Law

Child Abuse Law

The majority of Americans know to dial 911 in emergencies or when faced with the threat of physical violence. But what if you're too little to reach the receiver?

With figures compiled by the national Administration for Children and Families indicating that roughly 1 million children in the United States suffer from some form of maltreatment each year, child abuse has unfortunately grown all too prevalent in our culture.

What is it?
Child abuse is harm to, or neglect of, a child by another person. The perpetrator of child abuse can be an adult or another child. Child abuse can be physical, emotional and verbal, sexual or through neglect. Neglect includes failing to provide adequate nutrition, shelter or supervision. Abuse may cause serious injury to the child and may even result in death.

The effects of child abuse are often obvious, and include:
Physical signs, such as:

• Difficulty walking or sitting
• Stained or bloody underwear
• Genital or rectal pain, itching, swelling, redness or discharge
• Bruises or other injuries in the genital or rectal area
• Unexplained or repeated injuries such as welts, bruises or burns
• Injuries that appear to be in the shape of an object (belt buckle, electric cord, etc.)
• Injuries that are not likely to happen given the age or ability of the child (e.g., broken bones in a child too young to walk or climb)
• Disagreement between the child's and the parent's explanation of the injury
• Unreasonable explanation of the injury
• Obvious neglect of the child (e.g., the child is dirty, undernourished, wearing inappropriate clothes for the weather, or lacks medical or dental care)

Behavioral and emotional signs, such as:

• Difficulty eating or sleeping
• Soiling or wetting pants or bed after being potty trained
• Acting like a much younger child
• Excessive crying or sadness
• Withdrawing from activities and others
• Talking about or acting out sexual acts beyond normal sex play for age
• Fearful behavior
• Aggressive or withdrawn behavior
• Shying away from physical contact with parents or adults
• A fear of going home
• Confession that he or she was sexually mistreated

Child abuse and the law
Because child abuse generally occurs behind closed doors, all 50 states have enacted child abuse reporting statutes. These statutes require that people who come into contact with child abuse victims report their suspicions of abuse to legal authorities.

The legal definition of child abuse and neglect varies from state to state. Some state statutes are quite general and define child abuse as physical injury, sexual abuse or maltreatment. Other statutes are more specific and detail various types of conduct that constitute abuse or neglect.

Child abuse is typically defined to include some version of the following elements:

• Intentional (nonaccidental) physical, mental or emotional injury to a child
• Sexual abuse or exploitation of a child
• Encouragement of any person to engage in an act that is reasonably likely to cause physical or mental injury to a child

In general, parents are liable for the abuse of their children, even if they are not the people carrying it out. If parents are aware that their children are being abused by another person but do not report it, they are committing a crime. A person found guilty of child abuse may be subject to imprisonment or the termination of their parental rights--depending on the gravity of the abuse.

Reporting child abuse
All states require that certain professionals report suspected cases of child abuse and/or neglect to the appropriate state authority--e.g. the state child protective services. This is commonly referred to as mandated reporting. Generally, the professionals subject to the mandatory reporting statutes include those that have contact with children on a frequent or daily basis. This includes, for example, schoolteachers, physicians, dentists, mental health professionals, childcare workers, principals, etc.

Some states have expanded their statutes to require any individual, not just professionals, to report suspected cases of child abuse or neglect. Civil liability may be imposed on persons who have a duty to report suspected instances of child abuse or neglect but fail to do so.

Making a false report
Individuals who knowingly submit a false report of child abuse to a state authority may be charged with a misdemeanor or felony, depending on the state statute. However, those reporting suspected abuse or neglect in "good faith" are generally immune from liability.

Citizen reports of child abuse
In most states, adults do not have a legal obligation to report the suspected abuse of a child other than their own. This is considered a matter of conscience, not a legal obligation. Some states allow people to anonymously report child abuse. In states that do not permit this, adults can be held legally liable for defamation or slander if they publicly accuse someone of child abuse and that person is later found to be innocent. It is therefore advisable to avoid making a report unless you are certain that abuse has occurred.

Information for child care providers
If you suspect child abuse of any kind or if a child tells you that he or she has been abused, you should take the following steps:

• Take the child to a quiet, private area
  
  
• Gently encourage the child to give you enough information to evaluate whether abuse may have occurred
  
  
• Remain calm so as not to upset the child
  
  
• Reassure the child that you believe him or her, that he or she is right to tell you and that he or she is not a bad person
  
  
• Tell the child you are going to talk to people who can help him or her
  
  
• Return the child to the group (if appropriate)
  
  
• Record all information
  
  
• Immediately report the suspected abuse to the proper local authorities

If you employ other providers or volunteers to help you care for the children in your facility, you should check their background for a past history of child abuse or other criminal activity. Contact your local police department. Many states require that child-care providers have background and criminal history checks.

Dealing with child abuse is emotionally difficult for a provider. As a child-care provider, you should get training in recognizing and reporting child abuse before you are confronted with a suspected case. If you suspect a case of child abuse, you may need to seek support from your local health department, child support services department or other sources within your area.

Other support
You can call the toll-free National Child Abuse Hotline (Child Help USA) at 1-800-422-4453 (TDD: 1-800-222-4453) for telephone numbers and other resources. In addition, all states have child-abuse reporting agencies and hotlines. Check your phone book for your state's numbers.