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Child abuse: protection from, prevention of and prosecution for

February 19, 9:54 PMDallas Parenting ExaminerChristy Coffman
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Child.

Abuse.

Take a moment and think about these two words. Two words that should never be used together in a sentence. Two words on total opposite ends of the good vs. evil spectrum of things. Yet, there are new headlines every single day about the terrible and vile things parents are doing to their very own children. And these are just the stories that we hear about. What’s more disturbing is that you can turn on your television and watch weekly shows about home makeovers, the man who takes on any food challenge, picking the right wedding dress and even animal cops. I don’t have a problem with any of these shows, but I wonder why we can’t put that same amount of money, time and energy to stories about child abuse. Why can’t we have a show that investigates and hunts these child abusers down like they do people who have too many parking tickets?

When I read a news story about an innocent child either being critically injured or murdered by their parents or caregivers so many questions run through my mind. Questions like: How could they do this to their own children? Have they done it before? If so, why were they allowed the opportunity to do it again? Why didn’t someone intervene? Aren’t there laws and agencies out there that are supposed to protect these children? It was during my search for answers to these questions that I decided to do this four-part series on child abuse. There are four types of child abuse: physical abuse, emotional abuse, verbal abuse and sexual abuse. For purposes of this series, I will be focusing on physical abuse and the various laws and statistics associated with it. A child who is subjected to physical abuse is, in most cases, a victim of emotional and verbal abuse as well. Sexual abuse is a whole other issue that will require singular attention.

The law:

According to Federal law: Federal legislation provides a foundation for States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at minimum:

Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or

An act or failure to act which presents an imminent risk of serious harm.

This definition of child abuse and neglect refers specifically to parents and other caregivers. A "child" under this definition generally means a person who is under the age of 18 or who is not an emancipated minor.

While CAPTA provides definitions for sexual abuse and the special cases related to withholding or failing to provide medically indicated treatment, it does not provide specific definitions for other types of maltreatment such as physical abuse, neglect, or emotional abuse. While Federal legislation sets minimum standards, each State is responsible for providing its own definition of maltreatment within civil and criminal contexts.

According to Texas state law: Citation: Fam. Code § 261.001: Physical Abuse:

Abuse includes the following acts or omissions by a person:

Physical injury that results in substantial harm to the child or the genuine threat of substantial harm from physical injury to the child, including an injury that is at variance with the history or explanation given and excluding an accident or reasonable discipline by a parent, guardian, or conservator that does not expose the child to a substantial risk of harm

Failure to make a reasonable effort to prevent an action by another person that results in physical injury or substantial harm to the child

The current use by a person of a controlled substance, in a manner or to the extent that the use results in physical, mental, or emotional injury to a child

Causing, expressly permitting, or encouraging a child to use a controlled substance

The statistics:

"1,500 children die from abuse each year. There are 140,000 injuries to children from abuse each year. There are 1.7 million reports of child abuse each year."

3

"...about 1 in 4 women in North America were molested in childhood."
11

"More than 2 million cases of child abuse and neglect are reported each year in the United States. An estimated 150,000 to 200,000 new cases of sexual abuse occur each year."
4

"There were an estimated 903,000 victims of maltreatment nationwide."
22

"An estimated 1,100 children died of abuse and neglect, a rate of approximately 1.6 deaths per 100,000 children in the general populations."
22

Sources: FindCounseling.com, child help.org

The reality:

 

 

Mom, Boyfriend Indicted in Acid Burning Investigators: 4 children burned with sulfuric acid, then abandoned

 

Oak Cliff baby, brain damaged after injury, taken off life support

 

Mom found in Clinton River pleads no contest to child abuse

 

A Perth man has been jailed for a year after police discovered more than 550 videos and images of children being abused, during a raid at his home.

Those are just a few of today's headlines.

Check back tomorrow for part two in this child abuse series.

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