Module 4 Discussion Problem
Traynae
Child_Protection_--_final_Module_4.pptDefining Child Abuse, Neglect and Abandonment
Pursuant to Fla. Stat. Chapter 39, there are three primary grounds that warrant state child protection intervention:
1. Child Abuse
2. Child Neglect
3. Child Abandonment
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Abandoned” means a situation in which the parent or legal custodian of a child….makes no provision for the child’s support and makes no effort to communicate with the child which situation is sufficient to evince a willful rejection of parental obligations. Fla. Stat. 39.01(1) (2005)
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Abuse” means any willful act or threatened act that results in any physical, mental or sexual injury or harm that causes or is likely to cause the child’s physical mental or emotional health to be significantly impaired. Child abuse includes acts or omissions. Corporal discipline of a child by a parent for disciplinary purposes does not constitute abuse when it does not result in harm to the child. (Fla. Stat. 39.01(2) (2005))
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Neglect” occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. If the circumstances are caused primarily by financial inability, they do not constitute neglect unless actual services for relief have been offered and rejected. (Fla. Stat. 39.01(45) (2005))
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Dependent” children are those children that have been found by a court to have been abandoned, abused or neglected or to be at substantial risk of imminent abuse, abandonment or neglect by the parents or legal custodians. (Fla. Stat. 39.01(14) (2005))
Taking Dependent Children into State Care
If a law enforcement official or an agent of the department has taken a child into physical custody and there is probable cause to believe the child has been abused, abandoned or neglected or is at imminent risk of being abused abandoned or neglected, the department shall file a shelter petition with the court bringing the child before the court within 24 hours of removal of the child. (Fla. Stat. 39.401(3) (2005))
Taking Dependent Children into State Care
A child taken into custody may be placed or continued in a shelter only if the court has made a specific finding of fact regarding the necessity for removal of the child from the home and has made a determination that the provision of appropriate and available services will not eliminate the need for placement. (Fla. Stat. 39.402(2) (2005))
To continue the child in shelter, the department must establish probable cause that reasonable grounds from removal exists.
Taking Dependent Children into State Care
When a child is removed from the home and maintained in an out-of-home placement, the department is authorized to have a medical screening performed on the child without authorization from the court or the parent.
When a child is in need of medical treatment but has not been committed to the department, the department must obtain consent for medical treatment first from the parent and when a parent refuses or is unavailable, consent may be obtained by court order. (Fla. Stat. 39.407 (2005))
Defining Child Abuse, Neglect and Abandonment
Neglect (As set forth in the Text)
In re S.T. – Several problems existed in the household in the initial home visit and continued until parental rights were terminated. The problems included a dirty home, malnourished children, lack of medical care for the children and the children’s lack of attendance at school.
The division of child and family services offered services to the parents on multiple occasions, but the parents did not actively participate in these services.
The State filed a petition to terminate parents rights on July 15, 1994.
The juvenile court held a thirteen day trial and permanently terminated parental rights.
The Court upheld the juvenile court’s findings that the parents were unfit, neglectful, unable or unwilling to change the conditions requiring the removal of their children and unable to meet the children’s physical, emotional, and educational needs.
Defining Child Abuse, Neglect and Abandonment, cont.
Psychological Maltreatment (As set forth in the text)
Psychological maltreatment occurs when a person conveys to a child that he or she is worthless, flawed, unloved, unwanted, endangered, or only in value of meeting other’s needs. This conduct may constitute child abuse as a matter of law when there is a manifestation of a physical injury resulting from this behavior.
The following behaviors may constitute psychological maltreatment:
Spurning (belittling, degrading, shaming or ridiculing a child)
Terrorizing (committing life threatening acts; making a child feel unsafe, etc.)
Exploiting or corrupting that encourages a child to develop inappropriate behaviors (restricting or interfering with cognitive development, encouraging anti-social behavior, modeling, etc.)
Denying emotional responsiveness
Rejecting
Isolating
Unreliable or inconsistent parenting
Neglecting mental health, medical, and educational needs
Witnessing intimate partner violence (domestic violence)
Defining Child Abuse, Neglect and Abandonment, cont.
The Battered Child Syndrome
“The battered child syndrome has become a well-recognized medical diagnosis. The diagnosis is dependent on inferences, not on matter of common knowledge, but within the area of expertise of physicians whose familiarity with numerous instances of injuries accidentally caused qualified them to express with reasonable probability than a particular injury or group of injuries to a child is not accidental or is not inconsistent with explanation offered therefore but is instead the result of physical abuse by a person of mature strength.” (text pg. 334)
Conditions include, for example, patterned abrasions consisting of marks made from a belt, cord, or stick, patterned burns from cigarettes or scalding water, spiral fractures, particularly in children, non-communicative children, parents unsurprised or uncaring about diagnosis of serious injury in the emergency room, etc. (pg. 334)
Defining Child Abuse, Neglect and Abandonment, cont.
The Shaken Baby Syndrome
Caused by a parent who severely shakes an infant, resulting in whiplash type injuries, no external injuries are seen, but shaking can cause death, blindness, or severe brain injury
The syndrome can be very difficult to prove because typically there is no witnesses to see the shaking and identifying the time of the incident may be difficult
Physical abuse of a pregnant woman can result in harm to the fetus that is similar to the “shaken baby syndrome.”
Defining Child Abuse, Neglect and Abandonment, cont.
The Target Child
Some parents single out one child to abuse
This illustrates the need for well-informed, well trained social workers.
Inadequately trained workers investigating abuse may see the unharmed children and either be unaware of the existence of another child, or assume the missing child is safe because the other children appear well
Why do Parents abuse their children?
Forty-four children in every one thousand are abused by their parents
63% of parents have used psychological aggression against their children
10% of people who abuse their children are mentally ill, 90% of those abusers are no different psychologically than most people
Defining Child Abuse, Neglect and Abandonment, cont.
In Re C. Children – the court held that a child does not need to sustain a serious injury to justify a finding that he or she has been abused; a substantial risk of serious physical harm is sufficient.
Antoine was subjected to a substantial risk of serious injury by his mother’s beating him with a belt, which landed close to his eye. The mother refused the caseworker’s suggestions about other forms of discipline and said that she would continue to beat her children with a belt. This was enough evidence to establish that Anoine was a abused child and that Katoine was a neglected child.
Raboin v. North Dakota Department of Human Services – The court found that the “spankings” that the Roboin’s gave their children did not constitute abuse under the statutory definition of abuse. “A reasonable person could not conclude a slight bruise on the buttocks is a serious negative change in a child’s health.” pg.347
Defining Child Abuse, Neglect and Abandonment, cont.
Domestic Violence Statutes
Beerman v. Beerman – the court concluded that “Protection From Domestic Abuse” statutes were enacted to provide an immediate and affordable solution to family members, regardless of age, who are subjected to domestic abuse.
Child abuse proceedings that enter the system through the domestic violence courts are routinely referred to the state child protection agency for further investigation and legal proceedings in juvenile court.
