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CHILD ABUSE

CHILDREN'S RIGHT

By Maureen kagendoPublished 11 months ago 3 min read
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CHILD ABUSE
Photo by Юлія Дубина on Unsplash

Physical abuse is a non-accidental physical injury to a

child caused by a parent, caregiver, or other person

responsible for a child and can include punching, beating,

kicking, biting, shaking, throwing, stabbing, choking,

hitting (with a hand, stick, strap, or other object), burning,

or otherwise causing physical harm.2 Physical discipline,

such as spanking or paddling, is not considered abuse as

long as it is reasonable and causes no bodily injury to the

child. Injuries from physical abuse could range from minor

bruises to severe fractures or death.

Neglect is the failure of a parent or other caregiver to

provide for a child’s basic needs. Neglect generally

includes the following categories:

ƒ Physical (e.g., failure to provide necessary food or

shelter, lack of appropriate supervision)

ƒ Medical (e.g., failure to provide necessary medical

or mental health treatment, withholding medically

indicated treatment from children with life-threatening

conditions)3

ƒ Educational (e.g., failure to educate a child or attend to

special education needs)

ƒ Emotional (e.g., inattention to a child’s emotional

needs, failure to provide psychological care, permitting

a child to use alcohol or other drugs)

Sometimes cultural values, the standards of care in

the community, and poverty may contribute to what is

perceived as maltreatment, indicating the family may

need information or assistance. It is important to note that

living in poverty is not considered child abuse or neglect.

However, a family’s failure to use available information and

resources to care for their child may put the child’s health

or safety at risk, and child welfare intervention could be

required. In addition, many States provide an exception

2 Nonaccidental injury that is inflicted by someone other than a parent,

guardian, relative, or other caregiver (i.e., a stranger) is considered a criminal

act that is not addressed by child protective services.

3 Although it can apply to children of any age, withholding of medically

indicated treatment is a form of medical neglect that is defined by CAPTA as

“the failure to respond to…life-threatening conditions by providing treatment

(including appropriate nutrition, hydration, and medication) which, in the

treating physician’s or physicians’ reasonable medical judgment, will be most

likely to be effective in ameliorating or correcting all such conditions…”

CAPT does note a few exceptions, including infants who are “chronically

and irreversibly comatose,” situations when providing treatment would not

save the infant’s life but merely prolong dying, or when “the provision of such

treatment would be virtually futile in terms of the survival of the infant and the

treatment itself under such circumstances would be inhumane.”

to the definition of neglect for parents who choose not

to seek medical care for their children due to religious

beliefs.4

Sexual abuse includes activities by a parent or other

caregiver such as fondling a child’s genitals, penetration,

incest, rape, sodomy, indecent exposure, and exploitation

through prostitution or the production of pornographic

materials. Sexual abuse is defined by CAP TA as “the

employment, use, persuasion, inducement, enticement,

or coercion of any child to engage in, or assist any other

person to engage in, any sexually explicit conduct or

simulation of such conduct for the purpose of producing

a visual depiction of such conduct; or the rape, and in

cases of caretaker or interfamilial relationships, statutory

rape, molestation, prostitution, or other form of sexual

exploitation of children, or incest with children”(42 U.S.C.

§ 5106g(a)(4)).

Emotional abuse (or psychological abuse) is a pattern of

behavior that impairs a child’s emotional development or

sense of self-worth. This may include constant criticism,

threats, or rejection as well as withholding love, support,

or guidance. Emotional abuse is often difficult to prove,

and, therefore, child protective services may not be able

to intervene without evidence of harm or mental injury to

the child (Prevent Child Abuse America, 2016).

Abandonment is considered in many States as a form

of neglect. In general, a child is considered to be

abandoned when the parent’s identity or whereabouts are

unknown, the child has been left alone in circumstances

where the child suffers serious harm, the child has been

deserted with no regard for his or her health or safety, or

the parent has failed to maintain contact with the child or

provide reasonable support for a specified period of time.

Some States have enacted laws—often called safe haven

laws—that provide safe places for parents to relinquish

newborn infants. Information Gateway produced a

publication as part of its State Statutes series that

summarizes such laws. Infant Safe Haven Laws is avail ab

how to
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