Who is Protected Under Child Abuse Laws?
A child is identified as a person under the age of 18 years old, except for emancipated minors.
What is Child Abuse?
"Federal legislation provides guidance to states by identifying a minimum set of acts or behaviors to define child abuse and neglect". According to the 2010 revision of the 1974 Federal Child Abuse
Prevention and Treatment Act (CAPTA), the minimum abusive behaviors to be
enacted on a child are:
- “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.”
Child Abuse Simplified
- The federal law provides a framework for states to follow, which gives them a parameter for developing their own laws on child abuse.
- The first part of the law refers to physical, emotional, and sexual abuse.
- The second part of the law refers to neglect.
- The law also Refers to directly causing harm to a child with the use of the word "act", and indirectly causing harm with the use of the phrase "failure to act".
Misinterpretation
Child abuse is
contrary to discipline, such as a mild spanking or scolding. Child abuse is
present when aggression or anger resulting in physical, emotional, or sexual
harm is enacted on a child, or indifference, resulting in neglect.
Types of
Child Abuse
Most states recognize four main types of
child abuse, which overlap in many cases. Moreover, if one form of abuse is
present it is most likely that other forms of abuse are also present.
Physical
Abuse
Is
an injury resulting from intentional or unintentional physical aggression, such
as; hitting, slapping, and shoving.
- Shaken Baby Syndrome
- Munchhausen by Proxy Syndrome
- Drug use during pregnancy – Fetal Alcohol Syndrome
Warning
Signs
- Excessive bruising, cuts, or broken bones.
Overlap
– Sexual Abuse
Emotional
Abuse
Is
a pattern of behavior that stunts a child's psychological or emotional
development by destroying their sense of self-worth.
- PTSD
- Depression
- Anxiety
Warning
Signs
- The student has extremely low self-esteem, avoids people, or is very sad.
Overlap
- Neglect and Sexual Abuse
Sexual
Abuse
Is an
inappropriate sexual relationship that occurs between a child and an adult.
Sexual abuse can be physical through fondling, intercourse, or
non-physical through voyeurism or pornography.
- PTSD
- Depression
Warning Signs
- Inappropriate sexual behavior
Overlap –
Physical and Emotional Abuse
Neglect
Is when a
parent or caretaker is delinquent in their duty as a guardian to provide a
child with their basic needs, such as; food, shelter, medical treatment,
education, and/ or allowing a child to abuse drugs or alcohol.
Health issues
Physical, Emotional, Intellectual, and Social development can be stunted
Warning Signs
- The student's hair or clothing are dirty, their clothing does not fit them properly, or they are not wearing clothing that is appropriate for the current season.
Overlap –
Physical, Emotional, and Sexual Abuse
Who is Responsible for
Reporting Child Abuse?
Mandated Reports are responsible for reporting suspected or known child abuse, and they include, but are not limited to;
- Social Workers
- Teachers and other school personnel
- Physicians and other health-care workers
- Mental health professionals
- Child care providers
- Medical examiners or coroners
- Law enforcement officers
What Happens after
Child Abuse is Reported?
What Does this Mean for Us as Future Teachers?
As a future
teacher it will be your job to report suspected child abuse, therefore it is imperative that you be aware of the Child Abuse Laws for the state where
you teach. As mentioned above, most states recognize the four major forms of
child abuse, but there are many other forms of child abuse such as; domestic violence that exist. As a
teacher it is important to become familiar with the specific forms of abuse,
how they are defined, and how they are manifest in the physical appearance and
behavior of your students, as not to misinterpret the punishment of a child,
with the abuse of the child.
Child Abuse in the News
The “Hot Sauce Mom”
Jessica Beagley is a 36-year-old woman from Alaska, and the mother of six children, including adopted seven year old twin boys from Russia.
Beagley was convicted of misdemeanor child abuse resulting in;
- a Suspended 180 - Day Sentence
- a $2,500 Fine, and
- 3 Years Probation
As well, her children were not taken from her, because other than hot saucing, cold shower and jumping jacks to exhaustion, she was found to be a fit mother.
Articles.chicagotribune.com
The Child Welfare Information Gateway Website
CNN.com
The New York State Assembly Website
