Frequently Asked Questions About Child Injury Law

According to the Department of Social Services Office of Child Abuse Prevention, identifying where child abuse occurs requires the helping professional first of all to believe that child abuse can occur in any situation, regardless of socioeconomic status, religion, education, ethnic background, or other factors. Secondly, there must be a willingness to inquire into the possibility of abuse. There are four basic areas in which abuse may be revealed: (1) environmental problems, (2) parental or caregivers clues, (3) physical indicators in the child, and (4) behavioral indicators in the child. A potential list of these signals, as provided by the Department of Social Services Office of Child Abuse, is provided below. However, this is only a partial list. These may become known through interview, observation or a third party reporting them. Environmental problems which may suggest that abuse should be a concern: (1) Hazardous conditions (broken windows, faulty electrical fixtures, etc.), (2) Health risks (presence of rats, feces, no running water, no heat, etc.) or unsanitary conditions, (3) extreme dirt or filth affecting health. Parental or caregiver clues which may suggest that abuse should be a concern: (1) Parent or caregiver is unable/unwilling to meet child's basic needs and provide a safe environment, (2) Parent or caregiver tells you of homicidal thoughts/feelings toward child, (3) Parent or caregiver tells you of use of objects (belts, whips, clothes hanger) to discipline the child, (4) Parent or caregiver is unable to describe positive characteristics of the child, (5) Parent or caregiver has unrealistic expectations of the child (e.g., toilet-training of a 6 month-old), (6) Parent or caretaker uses "out of control" discipline, (7) Parent or caretaker is unduly harsh and rigid about childrearing, (8) Parent or caretaker singles out one child as "bad", "evil", or "beyond control", (9) Parent or caretaker berates, humiliates or belittles child constantly, (10) Parent or caretaker turns to child to have his/her needs met, (11) Parent or caretaker is impulsive, unable to use internal controls, (12) Parent or caretaker cannot see child realistically, attributes badness to child, or misinterprets child's normal behavior (e.g. takes an infant's crying as a sign of intentional meanness), (13) Parent or caretaker is indifferent to child. Signs of physical injury which may suggest that abuse should be a concern: (1) fractures, lacerations, bruises that cannot be explained or explanations which are improbable given the extent of the injury, or which are not age-appropriate (e.g. traumatic injuries in an immobile, young child - which would mean that it had to be inflicted versus a toddler who could feasibly fall and injure himself or herself in certain ways), (2) burns (cigarette, rope, scalding water, iron, radiator), (3) facial and oral injuries (black eyes, broken jaw, broken nose, bloody or swollen lips, torn frenulum) with implausible or non-existent explanations, (4) subdural hematomas, long-bone fractures, fractures in different state of healing, (5) pattern of bruising (e.g. parallel or circular bruises) or bruises in different stages of discoloration, which are consistent with repeated trauma over various periods of time. Behavioral or development signs which may suggest that neglect should be a concern: (1) failure to thrive, a child's failure to gain weight at the expected rate for a normal child (e.g. a child who fails to thrive may have medical or psychosocial problems, or a combination of these, (2) malnutrition or poorly balanced diet (bloated stomach, extremely thin, dry, flaking skin, pale, fainting), (3) inappropriate dress for weather, (4) extremely offensive body odor, (5) dirty, unkempt, (6) unattended medical conditions (e.g. infected minor burns, impetigo). Signs of sexual abuse: (1) bruising around the genital area, (2) swelling or discharge from vagina/penis, (3) tearing around the genital area, including rectum, (4) visible lesions around mouth or genitals, (5) complaint of lower abdominal pain, (6) painful urination, defecation. According to the Department of Social Services Office of Child Abuse Prevention, there are also behavioral indicators that a child has been abused. Children react differently to being abused. There is no one single reaction that can be clearly associated with child abuse; however, there are a number of possible behaviors which have been found to be consistently correlated with abuse. While some of these behaviors occur more with one type of abuse than another, they may overlap. The presence of any of these indicators does not prove the child is being abused, but should serve as a warning signal to look further. Behavioral indicators that a child has been physically abused: (1) hostile or aggressive behavior toward others, (2) extreme fear or withdrawn behavior around others, (3) destructiveness (breaks windows, sets fires, etc.), (4) verbal abusiveness, (5) out-of-control behavior (angry, panics, easily agitated). Behavioral indicators that a child has been sexually abused: (1) sexualized behavior (has precocious knowledge of explicit sexual behavior and engages self or others in overt or repetitive sexual behavior), (2) hostility or aggression, (3) fearfulness or withdrawn, (4) pseudo-maturity (seems mature beyond chronological age), (5) eating disorders, (6) alcoholism/drug abuse, (7) running away, (8) promiscuity. Behavioral indicators that a child has been neglected: (1) clingy or indiscriminate attachment, (2) self-imposed isolation, (3) depression or passivity. Behavioral indicators that a child has been subject to emotional abuse: (1) lacks self-esteem, puts self down constantly, (2) seeks approval to an extreme, (3) unable to be autonomous (e.g. makes few choices, fears rejection), (4) hostile, verbally abusive, provocative. According to the Department of Social Services Office of Child Abuse Prevention, it is important to note that a child who is being physically abused or neglected or sexually abused is also being emotionally abused. The best source of information is not what the child says but how the child behaves. Mandated reporters must stay alert and responsive to the aforementioned child behaviors. Children will rarely report they are being abused; but, being unable to stop the abuse, they frequently develop coping mechanisms and behaviors which bring them to the attention of others. These children tend to be firecely loyal to their abusers, often demonstrating a pathological dependency on them. They may try to adapt and comply in order to please their abusers and may serve as caretakers to their abusers in order to avoid further abuse or rejection.

Yes, according to the Department of Social Services Office of Child Abuse Prevention. There is no time limitation regarding the reporting of child abuse. If a victim is under age 18, the abuse must be reported.

According to the Department of Social Services Office of Child Abuse Prevention, while all children are at risk of abuse, infants and toddlers are most likely to sustain serious injuries due to their fragility. The mortality rate is highest for children 0-2. If you know a child who has been abused, servely injured or killed, please call The Keane Law Firm so we can help you correct that injustice.

There are societal factors that increase the risk for a child with disabilities to be a victim of child abuse. Whether the disabled child resides in a group home setting, or a long term care facility, environmental and cultural values within these institutional settings are influenced by the caregivers. Not all caregivers are ethical or emotionally well adjusted. Therefore, in group residential centers there may be intentional, or non-intentional, abusive activity taking place. Not all caregivers care for residents in an appropriate manner. Children in these settings are not provided the same educational and social experiences as children that live with families. For instance, group home administrators do not provide information about sex and sexual abuse to children with disabilities. And therefore, the disabled child may not identify inappropriate sexual activity or abuse within the residential setting. Disabled children that cannot manage their own behavior may not identify when caregivers exert inappropriate control during child/caregiver interaction. Because group home administrators may not provide information about emotional abuse to the residents, emotional abuse often goes unrecognized because of the lack of information provided. Also, disabled children may not perceive pain the same way non-disabled people do, and therefore do not report inappropriate physical disciplinary activity implemented by caregivers. Research performed in the late 1970’s and early 1980’s on the topic of child abuse within institutions, uncovered a rather large problem of abuse within the long-term institutions were children with disabilities live. In part, these findings were the catalyst behind de-institutionalizing people with disabilities in the 1980s.   

The risk factors for abuse are the same for children with and without disabilities. The risk for abuse is greater for the child that has disabilities. Most parents and caregivers that care for children with disabilities do not respond in an abusive manner while meeting the needs of their child. Care giver strain, familial tendencies and low self esteem of the child factor prominently in abusive family and caregiver dynamics. There is increased stress associated with assisting a disabled child with bathing, dressing, feeding and seeking medical care. When stress is experienced by a caregiver or parent that is prone to maltreatment of a disabled child, the disabled child may become a victim. Some disabled children require diligent care not limited to meeting the child’s physical needs. Many disabled children require constant supervision for their emotional and social disabilities. The disabled child may have disagreeable behavioral features that provide a challenge to caregivers, like temper tantrums or aggression. And not all parents and caregivers have had adequate preparation to deal with their disabled child’s unique features. If parental expectations are not realistic, that becomes a risk factor for abuse. Stressed parents that feel isolated, unsupported and overwhelmed may be prone to maltreating their disabled child. Maltreatment comes in the form of physical abuse, verbal abuse, emotional abuse and neglectful care. If caregivers or parents are ill-equipped or unsupported in their role, the child is more likely to receive neglectful treatment both intentionally and non-intentionally. 

 

Yes, children with disabilities may be afraid to lose the relationship with their caregiver. The disabled child relies on the relationship to meet his/her needs on a daily basis.  And the child has developed a sense of security with the routine developed with the caregiver. Some disabled children are willing to endure a caregiver or parent’s abusive behavior. The disable child is emotionally dependent on the relationship. And in many cases the abuser tells the disabled child that it would be a mistake to end the caregiver-child relationship, because the abuser convinces the child that the child would not do well without the abuser. Disabled children believe the loss of the caregiver would be a threat to their own well being. Because of a lifetime of relying on care from others, a disabled child may not have a well-defined perception of autonomy and may be overly compliant with the aberrant behavior of an abusive parent or caregiver. A disabled child may not identify the behavior as abusive or may not be willing to report physical abuse. The disabled child may even deny that abuse occurred out of fear of retribution and fear of loss. The caregiver or parent may believe that the child cannot express or convey reports of the abuse and continue with the abuse, thinking no one will find out.  Often times the disabled child cannot escape an abusive situation as it is unfolding. Typically abused children develop methods of coping through the abusive episodes. Adaptive behaviors on the part of the disabled child are often seen in these cases, where the abused child will mask expression of true feelings about a subject, to avoid causing the caregiver or parent to escalate or become angry. According to some experts, females with disabilities are two to three times more likely to be assaulted and raped then females without disabilities, regardless of age. Children with disabilities are twice as likely to be raped or sexually abused. In fact, of all children that are abused approximately 15-17% has a disability. Young males with mental disabilities are more likely to be victims of sexual assault at an older age than males with out mental disabilities.   

Disabled children may be victims of caregiver exploitation, whereupon a caregiver becomes overly controlling about who the disabled child is allowed to interact with or have relationships with. The care giver may isolate the disabled child using various methods of manipulation to sabotage the child’s relationship with others. The caregiver may engage in social engineering to deliberately gain the trust of the disabled child, or create mistrust between the child and other family members or friends. Usually the motive for caregiver exploitation is personal financial gain or use of the disabled child’s resources by the caregiver. The disabled child may be receiving financial benefits from government or personal sources. And as a result, the disabled child may become a victim of theft or fraud or ongoing inappropriate use of the disabled child’s money or resources. Disabled children need supervision, as they come to rely on caregivers and parents for their survival.  As a disabled child gets older, he/she may not always make the best choices of whom to befriend. Seeking and gaining acceptance from someone is generally the reason a disabled child is so vulnerable to opportunistic caregivers. Attentive families can prevent caregiver exploitation by identifying opportunistic behavior on the part of the caregiver and putting a stop to the relationship.

 

The crimes against children with disabilities are addressed in part by the Americans with Disabilities Act. The Federal government recognizes that there is a relationship between being disabled and the increased risk for victimization from abuse. The Americans with Disabilities Act is not the only federal law that recognizes the need to advocate and protect children with disabilities that have been victims of crime. There is also the Crime Victims with Disabilities Act of 1998.      

Wrongful death of an unborn child cases are cases when an unborn child dies in a mother’s uterus. When an investigation reveals the factual reason for death of an unborn child, it is possible for a family to sue against those liable for such death. For example, if a child dies in a tractor-trailer accident and the truck driver is at fault for the accident then the family of an unborn child can bring a case in court against that driver and the trucking company. In such cases, the lawsuit will seek unspecified damages for burial and medical expenses along with loss of love and companionship. We handle this type of case and are ready to help your family correct the injustice for such a devastating occurrence. Call The Keane Law Firm at 1-888-592-KIDS, so we can further assist you.

It is very important to do your part to correct any injustice that was done to your child, or a child you know. You cannot and should not stand by and let someone who has caused a wrongful death escape responsibility. Sometimes, a death occurs through negligence and the negligent person does the honorable thing and admits their mistake and accepts responsibility for their actions. The Keane Law Firm handles cases like that, and they are often settled to our clients' satisfaction because of our extensive experience in handling these claims and lawsuits. When someone or some corporation refuses to accept their responsibility for causing the death of a child, however, you need to make them accept responsibility. If you won't stand up for your child, then who will. We will help you do that because that's what we do - everyday. But we need you to call or e-mail. So please call The Keane Law Firm now at no cost to discuss how the child you loved died, and we will talk about whether we can help you correct the injustice done to that child.

Foster care settings include not only traditional foster family homes, but also relative foster homes (whether payments are made or not), group homes, emergency shelters, residential facilities and pre-adoptive homes Foster Care homes are places for temporary placement of children outside their homes because of neglect and abuse. A child may be placed in a foster home to temporarily protect the child with the ultimate goal for a child to return home. Foster homes are obligated to secure, nurture, care and make the environment as home-like as possible. A new goal of adoption is sought in case a child is not able to safely come back home. However, sadly, many children get injured or even abused in foster homes. If you hear that a child is injured or abused while in foster care, after you report it to the appropriate child protective services agency (see the Resources section of this website for a link that will provide you contact information for child protective services), please contact The Keane Law Firm and we will do everything possible to help that child in a civil lawsuit.