Frequently Asked Questions About Child Abuse and Neglect

Read through some of the most frequently asked questions about child abuse and neglect that our law firm receives. Some of your own questions may be answered and you will find out more about child abuse and neglect law and legal recoveries.
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  • Why do the number of reports of child abuse decrease in the summer time?

    There are less reports of child abuse made during the summer because children have less contact with mandated reporters, such as teachers and social workers, while they are not in school. The decrease in reports of child abuse during the summer does not mean there is less child abuse and neglect taking place.  The number of child abuse reports increases in September and continues through June. July and August are the months with the lowest number of child abuse reports. 

  • What arethe clinicalindicators or evidencethat should promptparents or health care providers to suspectyoung childrenmay be victims of abuse?

    1) When adults give a history of injury that changes over time or with different inverviews during the investigation or treatment of the child. The story keeps changing.

    2) When an adult blames another child for the injury and it is not consistent with the level of development for either child. Blaming another child for severe injuries is common.

    3) The history of how the injury occurred is not consistent with the type or severity of the injury. Frequently the abuser will give themselves away with partial truths, such as "I shook the baby when he wouldn't wake up".

    4) When the adult delays seeking treatment for the injured child. The abuser hopes the child's condition will improve without seeking help. Or they hide the incident until someone else finds the child injured.   

    5) Other injuries are present that are unexplained or do not match the mechanism of injury. Bruises and injuries on different areas of the body that are not prominent or have normal pattern of injury distribution commonly associated with child's play. For example, scraped knees is common for children. But bruises on the belly or upper back are not commonly associated with play activity.   

    6) When injuries that the child has do not match the level of development of the child (for example, bruises on a two-month old infant's face, back or buttocks from a "fall")  

  • What is the legal definition of child abuse?

    Here is one example of a legal definition of child abuse (from the State of California):

    Definitions of Child Abuse and Neglect

    To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.

    Physical Abuse
    Citation: Penal Code §§ 11165.6; 11165.3

    Child abuse or neglect includes
    :

           Physical injury inflicted by other than accidental means upon a child by another person

           Willful harming or injury of the child or the endangering of the person or health of the child

           Unlawful corporal punishment or injury

    Willful harming or injuring of a child or the endangering of the person or health of a child means a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered.

  • What is the legal definition of child neglect?

    One example of a legal definition of child neglect comes from the State of California:  
    Neglect

    Citation: Penal Code § 11165.2
    Neglect means the negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. The term includes both acts and omissions on the part of the responsible person.


    Severe neglect means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. Severe neglect also means those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered, including the intentional failure to provide adequate food, clothing, shelter, or medical care.


    General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred.

  • What type of professional occupations are regarded as "mandated reporters" for suspected child abuse or child neglect?

    Professionals Required to Report (State of California)
    Citation: Penal Code §§ 11166; 11165.7
    Mandated reporters include any of the following:


           Teachers, teacher's assistants, administrative officers, certificated pupil personnel employees of any public or private school


           Administrators and employees of public or private day camps, youth centers, youth recreation programs, or youth organizations


           Employees of child care institutions, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities


           Social workers, probation officers, or parole officers


           Any person who is an administrator or a counselor in a child abuse prevention program in any public or private school


           District attorney investigators, peace officers, firefighters, except for volunteer firefighters


           Physicians, surgeons, psychiatrists, psychologists, dentists, licensed nurses, dental hygienists, optometrists, marriage counselors, family and child counselors, clinical social workers


           Emergency medical technicians I or II or paramedics


           State or county public health employees


           Coroners or medical examiners


           Commercial film and photographic print processors


           Child visitation monitors


           Animal control officers or humane society officers


           Clergy members, which includes priests, ministers, rabbis, religious practitioners, or similar functionary of a church, temple, or recognized denomination or organization


           Any custodian of records of a clergy member


           Employees of any police department, county sheriff's department, county probation department, or county welfare department


    Employees or volunteers of Court Appointed Special Advocate programs

  • What are the risk factors for child abuse?

    There are many risk factors that contribute to child abuse. All children are at risk for abusive experiences, but the risk goes up when one or more of the following characteristics are present:

    Community/society: high unemployment, poverty, criminal activity and lack of social services

    Family: unwanted or unplanned pregnancy, criminal history, single parent, substance abuse, mental health problems, emotional immaturity, poor coping, low self-esteem, lack of parenting skills, and personal history of child maltreatment

    Child: disabled child, prematurity, disagreeable personality features

  • What type oflong term effects may children suffer as a result of child maltreatment?

    As a child develops and grows into adolescence the effects of child maltreatment begin to manifest as poor academic performance, poor school attendance, substance abuse, promiscuity, aggression, depression, generalized anxiety disorder, suicide ideation, smoking addiction and teen pregnancy. 

    Child maltreatment also continues to effect adults that were abused as children. Their symptoms may include post-traumatic stress disorder, un-employment, low self-esteem, depression, suicide ideation, alcohol abuse, tobacco abuse, substance abuse, promiscuity, domestic violence, adult child abusers, unplanned pregnancy, high-risk behavior and obesity.  

  • Are children with disabilities that reside in institutions at risk for being victims of child abuse?

    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.   

  • Are children with disabilities that reside at home at greater risk to be victims of abuse?

    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. 

     

  • Are children with disabilities more inclined to endure abusive behavior from their caregivers or parents?

    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.