Child maltreatment occurs in situations which may cause harm or injury to a minor child. Child maltreatment may include a wide range of behavior or conduct.
There are several common examples of child maltreatment, which may include:
- Physical abuse;
- Mental or emotional abuse;
- Sexual abuse, including sex trafficking;
- Exposing a child to inappropriate materials; and
- Neglect or abandonment.
Child maltreatment may also be referred to by other titles, including child abuse or child neglect. It may include both affirmative actions, such as physically harming the child, as well as acts of omission, such as not taking the child to school.
For example, although physically harming a child constitutes child maltreatment, the failure to provide proper clothing and food is also considered maltreatment, although these actions are not physical acts. It is important to note that an accident is not the same as carelessness or negligence, which are covered by state abuse laws.
For example, leaving a child under a certain age, which is typically specified in the law, at home to care for themselves without adult supervision may qualify as abuse or neglect. In addition, there are other actions which may constitute abuse, such as:
It is also important to be aware that a home which is extremely neglected, unclean, or infested with vermin may constitute abuse by neglect. The law requires a parent to provide their child with:
- A safe, stable home;
- Adequate nutrition;
- Appropriate clothing;
- An education;
- Medical care; and
- Supervision.
If a parent fails to fulfill these obligations, they may face charges of child neglect.
Who Can Be Held Liable for Child Maltreatment?
The majority of the time, a child maltreatment claim is filed against the parents of legal guardians of the child. There are, however, other individuals who are in charge of a child who may be liable for child maltreatment.
If an adult who is in charge has behaved in a manner which has harmed the child, that individual may be held liable for child mistreatment. Other individuals who may potentially be held liable for child maltreatment include adults, such as:
- Close relatives, such as:
- grandparents; aunts; and uncles;
- Teachers and other school employees;
- Daycare personnel;
- Medical staff; and
- Sports coaches.
The laws may differ between states regarding the definition of certain varieties of child maltreatment, such as child neglect. In addition, state laws may vary regarding how to categorize a particular act of child maltreatment.
For example, what may be referred to as child abuse in one state may be called child neglect in another state. Every state has laws which specifically address child abuse.
The majority of states enforce some type of mandatory reporting laws for certain groups of individuals. In order to help protect the welfare of children, there are reporting laws which require certain professionals to report suspicions of child abuse to neglect to the authorities.
Professionals who are required to report possible child abuse and neglect include:
- Teachers;
- Doctors;
- Counselors; and
- Religious officials.
What are the Legal Consequences of Child Maltreatment?
Situations involving child maltreatment are taken very seriously and may result in severe legal consequences. Depending upon the state in which an individual resides and the specific circumstances of a maltreatment claim, parents may lose custody or visitation rights of the child.
In many cases, custody of a child will be transferred to another parent or to another adult who has been deemed fit to care for the child. There are also other legal consequences which may arise in child maltreatment claims, which may include civil fines.
Civil fines may apply in cases where a child has been seriously injured at required medical treatment. The individual who caused injury to the child may be required to pay for their medical expenses.
In many instances, that adult may also face criminal charges related to the child abuse or child neglect. The age of the child in the case as well as the severity of the child abuse will be factors in determining the punishment which is imposed.
Criminal consequences for child abuse may include:
- A term of imprisonment;
- Fines which may range from several hundred to several thousand dollars;
- Probation for terms which may last from a few months to years;
- Loss of custody or visitation with an individual’s children;
- Anger management or parenting classes; and
- If the crime involved sexual abuse, the perpetrator may have to register as a sex offender, possibly for life.
Are There Defenses to Child Maltreatment Claims?
If an individual has been accused of child maltreatment, there are defenses which may be available to them. Some common defenses to child maltreatment include, but are not limited to:
- False allegations;
- The injury was not due to child abuse; and
- A parent’s right to discipline.
In some cases, it may be possible that the allegations of child maltreatment are untruthful or false. A false accusation is more likely to occur in situations where a family life is fraught with tension, including children in dysfunctional families or between the parents who are involved in tense child custody battles. Although it may be difficult to provide this defense, an individual may consider how to approach the possibility of presenting this defense with a license and experienced attorney.
In some situations, a child may present with injuries which were not due to child abuse or the actions of the adult. It is important to note that child abuse laws are not intended to punish accidents, unless that accident was caused by recklessness or gross carelessness on the part of the adult.
For example, if a child falls off of their bicycle and scrapes their knee, or an individual unknowingly shuts their toddler’s hand in a door, these types of accidents are not likely to be the result of child abuse. Even a non-accident may result in allegations of child maltreatment.
For instance, if a child gets into a fight with another child on the playground and sustains injuries, or if a child has a pre-existing medical condition which contributed to their injuries, an individual may be able to claim that the child’s injuries were not caused by child maltreatment.
A parent’s right to discipline is another defense which may be available. A parent is generally free to discipline their children in any manner which they see fit, so long as the discipline is reasonable and does not cause any bodily injuries.
These defenses may be difficult when a case involves spanking. If the injuries a child sustained were more serious than minor bruising, then this type of parental privilege may not be an available defense.
Should I Hire a Lawyer for Help with a Child Maltreatment Claim?
It is essential to have the assistance of a family attorney for any issues, questions, or concerns you may have related to a child maltreatment claim. The rules governing child maltreatment and the consequences of those actions may be severe and result in legal consequences, both criminal and civil.
If you or a loved one has been accused of child maltreatment, it is important to consult with a criminal defense lawyer as soon as possible. Your attorney can assist you with gathering evidence and advise you what defenses may be available in your case.
Your lawyer will guide you through the nuances of the legal system and represent you when you have to appear in court. In addition, if you need to report a case of child maltreatment or to file a legal claim, your lawyer can represent you during the process and guide you through all of the steps.
