Issues in Child abuse & Neglect

1. Issues in Child abuse & Neglect How to define? Who gets to define? Where to draw the line? What to do about it?

2. Types of Abuse Other Neglect Emotional Sexual Physical

3. Physical Abuse • “Knowingly inflicts cruel and inhuman punishment upon a child” • BUT “discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse” RS Mo 210.110

4. Sexual Abuse • Fondling a child's genitals, intercourse, incest, rape, sodomy, exhibitionism, and commercial exploitation through prostitution or the production of pornographic materials. • Primary issues are ones of proof

5. Emotional Abuse • Acts or omissions by the parents or other caregivers that have caused, or could cause, serious behavioral, cognitive, emotional, or mental disorders. • Line-drawing and causation are primary issues

6. Neglect: Physical Neglect • Refusal of, or delay in, seeking health care; • Abandonment; expulsion from the home or refusal to allow a runaway to return home; and • Inadequate supervision.

7. Educational Neglect • allowance of chronic truancy, • failure to enroll a child of mandatory school age in school, and • failure to attend to a special educational need.

8. Emotional neglect • marked inattention to the child's needs for affection; • refusal of or failure to provide needed psychological care; • spouse abuse in the child's presence; and • permission of drug or alcohol use by the child.

9. Neglect issues • “Fault” v. “Protection” • Risk of bias

10. Consequences • Numbers overall depend on definitions • 160,000 severe injuries annually • 1,000 to 2,000 children die annually • Future consequences include increased risks of substance abuse, mental health problems, criminal activity, and abuse of their own children and spouse

11. Who are the children?

12. Who are the children? : Age

13. Who are the children? : Gender SEXUAL ABUSE OTHER ABUSE    

14. Who are the children? : Race Other White Black Hispanic

15. Who are the abusers? Parents and Family (75-85%) Under age 40 (80%) Substance abuse (50-80%) Both male and female (though varies by type of abuse) Anyone can abuse a child.

16. Why? Complex interaction of many factors

17. Community/society • High crime rate • Lack of or few social services • High poverty rate (Poverty is the most frequently and persistently noted risk factor for child abuse) • High unemployment rate

18. Parental characteristics • History of abuse or violence • Youth, Emotional immaturity, poor parenting skills • Single parent or few social supports • Poor coping skills, Low self-esteem • Substance abuse • Unwanted pregnancy; multiple young children

19. Child characteristics • Prematurity • Low birth weight • Handicap

20. Additional factors Cultural/Religious Norms - “Spare the Rod, Spoil the Child” Triggering Event - “Discipline” gone awry Substance Abuse Family Conflict

21. Abuse - R.S. Mo. § 210.110

22. Child Abuse & Neglect any physical injury, sexual abuse, or emotional abuse of child other than by accidental means by those responsible for the child’s care, custody and control, except reasonable discipline

23. Neglect: failure to provide • proper or necessary support, • education as required by law, • nutrition or medical, surgical or • any other care necessary for well being • by those responsible for the care, custody, and control of the child

24. R.S.Mo. 210.110 Abuse • “any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody and control” • “discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse.”

25. What is Reasonable Discipline? • Raboin v. North Dakota Department of Human Services • Should the United States sign the Convention on the Rights of the Child?

26. How is abuse discovered? Reporting laws

27. Child Abuse Reporting Statute • Definition of Abuse 210.110 • Reporters : Mandatory/Voluntary 210.115 • Immunity/Penalty for Reporters 210.135-165 • Privileges waived 210.140 • Investigation/Assessment 210.145 • Findings 210.145 • Central Registry 210.152 • Alleged Perpetrator’s rights 210.152 /183

28. Should everyone be a mandated reporter? • Mo. SB 627 - This act would provide that any person who has reasonable cause to suspect child abuse shall be required to immediately report the suspected abuse to the division. This act also adds an enhanced penalty for failing to report child abuse from a Class A misdemeanor to a Class D felony when the child at issue dies as a result of the abuse or neglect.

29. How does the legal system respond? Criminal Prosecution Private Civil Actions Juvenile/Family Court Intervention

30. Juvenile Court Jurisdiction • Delinquency • Status Offenders • Abuse & Neglect • Adoption

31. Intervention • Hot Line reports • Require investigation • Protective Custody • Reunification Plans • Referrals for Termination of Parental Rights

32. Termination of Parental Rights - Procedure • Juvenile Officer Investigates and files or gives notice of intent not to file petition • Family Court may order Juvenile officer to file

33. Due Process in TPR Cases • The standard of proof in all termination of parental rights cases is by clear, cogent and convincing • (See Santosky v. Kramer for analysis) • Parents have right to counsel by statute but not necessarily under constitution (See Lassiter)

34. Termination by Consent • Written, witnessed parental consent, reviewed and approved by judge • Judge determines that termination is in the best interests of the child • May also occur through an adoption petition

35. Mandatory Filing for Involuntary Termination • Foster care for 15 of past 22 months • Abandoned infant • Certain criminal acts by a parent (e.g.,murder or felony assault with serious injury of another child)

36. Common reasons for foster care • Parent is incarcerated • Parent has a substance abuse problem; or

37. Exceptions • A compelling reason that filing would not be in BIC; or • The child is being cared for by a relative; • The family has not been provided sufficient reunification services • Parent has a mental condition which impairs his or her ability to adequately provide for the child

38. Additional Bases for TPR • Abandonment (actual or constructive) • Abuse & Neglect • Failure to Rectify conditions that brought child under family court authority • Conviction/Guilty plea to certain sexual crimes • Parent is “Unfit”

39. Parental Abandonment • six months or longer, • Unknown identity (or) • left the child without any provision for parental support and visits/ communication

40. Abuse & Neglect for TPR • A permanent mental condition which renders parent unfit • A chemical dependency which renders parent unfit and can’t be treated adequately • Severe or recurrent acts of physical, emotional or sexual abuse • repeatedly or continuously failed to provide the child with adequate food, clothing, shelter, education, or other care

41. Failure to Rectify • The terms of the social service plan and the extent of progress in compliance • Agency assistance to parent • Parent’s a mental condition • Parent’s chemical dependency

42. Parental “Unfitness” • a consistent pattern of committing child abuse or drug abuse before the child; or • parental rights were involuntarily terminated within three years immediately prior to the requested termination with regard to the current child.

43. BIC • the child’s emotional ties to the parent • The parent’s interest, commitment, contact and support of child • Possibility of reunification in ascertainable time with more services • Length of incarceration • deliberate harmful acts of parent or another with parent’s knowledge

44. Sexual Abuse • Most abusers are related or live in the home • Unlike physical abuse, not spontaneous, but seduction • Perpetrator often convinces himself that child wants to participate • Perpetrators threaten child to remain quiet

45. Effects of Sexual Abuse on Child • Pervasive guilt • Acting out, often sexually • Knowledge of sexual matters beyond age • Difficult to sustain true fabrication

46. Child sexual abuse accommodation syndrome • Secrecy • Helplessness • Entrapment • Delayed, conflicting and unconvincing disclosures • Retraction