Frequently Asked Questions About Child Abuse and Neglect

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.      

There are several main types of child abuse for which the cases are most frequently filed. The abuse can physical – if a child is malnutritioned, underhydrated, is lacking supervision or shelter, hit, choked, thrown, kicked, shaken or suffers any physical act that caused or potentially endangered child’s life or health it is considered that a child has been abused. Physical abuse may also include cases when medical or mental healthcare was not provided when required, and a child suffers severe injury or death as a result of withholding healthcare. Sexual abuse is a frequent type of abuse where children get molested by adults – it is required that all types of abuse be reported. If your child has experienced any of the above it is then the time to act. A child can be compensated for his or her "general or noneconomic damages" - which includes past and future physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress. No fixed standard exists for deciding the amount of these damages. The jury must use its judgment to decide a reasonable amount based on the evidence and its common sense. A child can also be compensated for his or her "special or economic damages" - which includes medical and other expenses (e.g. attendant care, equipment expenses, transportation expenses, housing expenses, supervisory expenses, education expenses and many others - including respite expenses so that parents of severely injured children can take a break and be able to pay top notch professionals to care for the their child while they rejuvenate), and the lost earning capacity of a child. If the jury decides that a child has suffered damages that will continue for the rest of his or her life, it must determine how long he or she will probably live. According to published government sources, it is possible to estimate the number of years a child is expected to live. Some people live longer and others die sooner. This published information is evidence of how long a person is likely to live but is not conclusive. In deciding a child's life expectancy, a jury should also consider, among other factors, a child's health, and other pertinent factors such as habits, activities and lifestyle. The Keane Law Firm employs nationally-recognized life expectancy experts to prove this in a scientifically-acceptable manner. We have helped many families to correct the injustice caused by somebody else’s wrongdoing. Call The Keane Law Firm immediately to discover your options.

Generally, any sudden changes in behavior or school performance could indicate abuse. However, these are not the only observable signs. If you notice unexplained bruising, loss of weight, observe your child to be always watchful as if a child is preparing for something to happen, if your child is too passive, quiet, withdrawn or compliant, stays late in school – then your child might be abused. If your child refuses to discuss problems with you, it is better to seek help as early as possible to make sure that your child does not incur a deep psychological and/or physical trauma and there may be more children involved. If that has happened to your child, we can help by investigating and filing a case on your behalf to ensure proper compensation to your child and that the abuser gets punished. Child abuse is not acceptable and should never be tolerated. We will devote all our efforts to your case and promise to do everything legally possible to help your child and you with such a complicated matter. After reporting suspected abuse to the proper governmental protective services agency (see a list of numbers to call in the Resources section of this website), call The Keane Law Firm as soon as possible thereafter so that we can protect the child's legal rights against the abuser, and those who were obligated to prevent the abuse.

In California, certain professionals are required to report known or suspected child abuse. The California Child Abuse Reporting Law is found in Penal Code Sections 11165-11174.3.

According to the Department of Social Services Office of Child Abuse Prevention, child abuse must be reported when one who is a legally mandated reporter has "knowledge of or observes a child in his or her professional capacity, or within the scope of his or her employment whom he or she knows or reasonably suspects has been the victim of child abuse or neglect..." (P.C. 11166(a)). The term "reasonable suspicion" occurs when it is objectively reasonable for a person to entertain such a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate on his or her training and experience, to suspect child abuse." (P.C. 11166(a)(1)) The intent of this definition is clear: if you suspect, report. A mandatory reporter must make a report IMMEDIATELY (or soon as practically possible) by phone. A writen report must be forwarded within 36 hours of receiving the information regarding the incident (P.C. 11166(a)). Written reports must be submitted on Department of Justice forms, which can be requested from a local police or sheriff's department (not including school district police or security department), or a county welfare department. (P.C. 11168) When 2 or more persons who are required to report have joint knowledge of a known or suspected instance of child abuse or neglect, and there is agreement among them, the telephone call may be made by the selected team member. A single written report may then be made and signed by the reporting team member. When there is a failure by the designated team to make the report, any team member who knows shall then be responsible to make the child absue report. (P.C. 11166(f)).

Yes, you can. But The Keane Law Firm does not accept those reports. First, go immediately to the Resources section of this website, and hit the link for California. It will take you to the homepage for the Department of Social Services. On that page you will find a link to Child Protective Services Hotlines. Hit that link and you will see the emergency child abuse contact phone numbers for each county in California. Call the number in your county. If you need help, call 1-800-422-4453, a national child abuse hotline called ChildHelp. According to the Department of Social Services Office of Child Abuse Prevention, persons who are legally required to report suspected child abuse have immunity from criminal or civil liability for reporting as required or authorized by the child abuse and neglect reporting laws. (P.C. 11172(a)) Also, no supervisor or administrator may impede or inhibit a report or subject the reporting person to any sanction. (P.C. 11166(g)). Persons other than those legally mandated to report are not required to include their names when making a report. (P.C. 11167(e)). Reports are confidential and may be disclosed only to specified persons and agencies (P.C. 11167.5).

Yes. A person who is required but fails to make a required report is guilty of a misdemeanor punishable by up to 6 months in jail and/or up to a $1,000.00 fine, or both. (P.C. 11166(b)) The person may also be sued and found civilly liable for damages, especially if the child victim or another child is further victimized because of the failure to report. See Landeros v Flood (1976). According to the Department of Social Services Office of Child Abuse Prevention, any person who starts a job which makes him or her a required reporter must sign a statement, provided by the employer, to the effect that he or she has knowledge of the reporting law and will comply with its provisions (P.C. 11166.5(a) Commercial film and photographic print processors and persons employed by child protective agencies as members of the support staff or maintenance staff and who do not work with, observe, or have knowledge of children as part of their official duties are not required to sign such statements. (P.C. 11166.5(a))

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.