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Child Abuse Questions

What is child abuse?

When a child is mistreated and caused physical, mental, emotional or sexual harm by an individual, it is called child abuse. A child may be abused by his/her parent, teacher, care giver, sibling or any other individual. One may face severe punishment and may even lose custody of his/her child if one is charged with abuse. Given below are some of the most commonly answered questions by Experts about child abuse.

Can an individual file child abuse charges against a person even if they did not witness the incident?

An individual may not be able to file child abuse charges against a person if they did not witness the incident. However, this individual can report the incident to the law enforcement authorities.

Would the doctor’s statement that the child was abused be enough to prove abuse in court?

A doctor’s statement may not be enough to prove abuse of the child in court. The statement may only establish that the doctor thinks that the child has been abused. There are various other criteria that need to be met in order to prove it. The following link gives some information regarding this: http://www.whale.to/v/sbs.html.

What can a person do if they have been falsely accused of child abuse?

If a person has been falsely accused of abusing a child, they may have no other choice but to prove that all the allegations are wrong. The person accusing that individual may have to prove that all of the complaints are true. Lack of prior records or arrests for abusing a child can be used as evidence to prove the innocence of the accused individual in court.

How can an individual get his/her name removed from the national child abuse registry?

If the individual had an unsubstantiated or inconclusive case against them, they may file for an administrative hearing on removal of the name with the child protection agency. If they do not cooperate, they may have the right sue in court for the removal. However, if the individual had a substantiated claim against them, the individual may have to file a petition in court to get their name removed from the registry.

Can any kind of physical violence be termed as child abuse by the Division of Family Services (DFS)?

In most situations, any kind of physical violence towards the child may be termed as abuse by the DFS. People may avoid corporal punishments in order to prevent being charged and convicted.

What is the punishment for falsely accusing a person of abusing a child in California?

Under most circumstances, an individual’s visitation rights may be taken away and he/she may lose custody of the child if falsely accusing the other parent of abuse. In California, if an individual falsely accuses a parent of abusing their child, they may be given monitory punishments and may have to cover all the court costs including attorney fees for the defendant.

Being abused as a child can have a damaging effect on a person’s mental and emotional growth. At times, these incidents can remain with the person all of their life. It is very important to report cases of child abuse to the authorities and take action against the person abusing the child. Similarly, a child abuse allegation against an individual can have a great impact on a person’s life and career. If a person is wrongly accused of abusing a child, they must know what steps they can take to prove their innocence. All these things involve a lot of legalities and can get confusing for the layman. It would be helpful to ask an Expert and get your doubts cleared if you have been a victim or have been falsely accused of child abuse.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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Recent Child Abuse Questions

  • Paul, A question about release of information documents. If

    Paul, A question about release of information documents. If someone is going through dhs's services and they have signed a release of information like the one I attached that the case worker had them sign. While going through the services and drug testing
    in this case, dhs says a hair stat tested positive so dhs charges this person again with child abuse. A whole new charge and case. This person appeals so the Iowa Dept of inspections and appeals, Division of administrative hearings sets a hearing on this.
    DHS's attorney files evidence and a witness list. They are using as evidence in this hearing DHS's reports to the court, the petition for termination, which all took place after Aug 2014 which is the date of this new charge dhs filed for the positive test.
    Along with that stuff they have filed to use also as evidence are substance and mental evals done in the first case. Which is what the attached release was signed. Can the current dhs worker release that information to be used in this new charge being appealed?
    Also this is the release when they have you sign it and you ask for a copy of what you just signed your told that dhs doesn't provide them with carbon copy forms so they will have to mail you a copy. Look at bottom of form. White copy, yellow copy pink copy.
    Nope they sure don't provide you with carbon copy forms do they?
  • If a child is considered truant, if they move to another location,

    If a child is considered truant, if they move to another location, what happens?
  • Hello. I'm a 17 year old student with a certification in CPR

    Hello. I'm a 17 year old student with a certification in CPR provided by the American Heart Association, making me, under Louisiana law, a mandated reporter of Child Abuse/Neglect.
    For many years, my little brother, currently 7 years of age has thrown violent tantrums in which he often attempts to hit my elderly Great-Grandmother and/or my grandfather. When this happens, I'm usually called by our caregivers to intervene. I've done this mostly through the use of physical means such as spanking, restriction to monitored time-out zones, and picking him up until he either calms done or I've taken him to a time-out zone. This is usually done with the explicit permission of our caregivers and I have never left my brother with significant or permanent injuries.
    As my grandfather is easily angered and will begin verbally abusing or fighting others, regardless of who sees him, with little provocation, I often intervened to prevent injury to my grandmother or my brother. This created constant states of conflict in my family that seem to have negative effects of the mental state of my brother. As more fights broke out between him and my grandmother my brother became increasingly violent. When I realized this and urged our guardians to stop fighting around my brother, my grandfather attacked me and threatened to beat and evict me if I reported them for abuse/neglect.
    Now, my grandfather is gravely ill. He has had fits of disorientation and vivid hallucination when his oxygen level dropped due to illness of his lungs. Although these fits have stopped thanks to increased time spent using Concentrated Oxygen, both of my grandparents have become increasingly incapable of providing necessary care to my brother. He has recently begun leaving the house alone without permission nor supervision. Formerly, I hesitated to to do anything out of fear of my grandparents' retribution. However, I now greatly fear my brother's safety and well-being.
    The level of neglect towards my brother became apparent to me when, while bathing my little brother, he avoided cleaning under his foreskin. I discovered that the head of his penis appeared to be badly infected. When I confronted our caregivers about this, I was told that they were already aware of this and had received a prescription for the infection but had neglected to administer it for an unspecified period of time. The reason given for this was that, in my grandmother's words, "[My brother] wouldn't let [them] apply it."
    Due to confronting them about this as well as because of the sentiments I voiced at the age of ~13 about by brother and grandfather moving in with me and my grandmother, she believes that I desire to remove my brother from our household to spite her and my grandfather. So, she first threatened to kick me out of the house if I reported them.Yet, as I am a certified medical practitioner, I'm legally obligated by Louisiana state law to report child neglect.
    However, I'm not sure what to do, as she said that she would take him to the pediatrician that prescribed the ointment and seek his advice. However, after this was said, we broke out into argument about whether my brother should be moved to stay with more able-bodied relatives while our grandfather recovers. Presumably angry a me, she demanded that I give her a copy of my CPR and AED Certification Card to present to this pediatrician so that he can report me not reporting this neglect sooner. While it's true that I had bathed my brother before, I had never seen the head of his penis before.
    Additionally, my grandmother told me that, if I reported the neglect that she would report me for my possession of a small amount of marijuana and paraphernalia. I'm terrified over this entire ordeal and have no idea what to do.
    What course of action do you recommend that I take?
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