Child Abuse and Neglect

Coun 150 – Laws Relating to Children

Richard M. Cartier Class 7

Delicate Balancing

Parents right to raise their children

The responsibility of the state to protect children [parens patriae]

The child protective system

1874 – New York: Mary Ellen

1960’s – media attention resulted laws requiring reports of child abuse

See stats: p. 90

Reporting Laws in California

Penal Code § 11165 Child abuse Willful cruelty or unjustifiable

punishment Sexual assault Severe neglect General neglect

Corporal Punishment

In the home

In the school

In foster care / juvenile detention

The duty to report . . .

Mandated reporters

Must report reasonably suspected physical or sexual child abuse

May report emotional abuse

Penalties for failing to report

Criminal Fine Jail Loss of license

Civil – a suit for money damages

More on abuse and neglect

How do I recognizing abuse?

What happens when a report is made?

What is the reporter’s liability?

Child Protective Services

Responsibilities No duty to intervene Limited tort liability (immunity)

Systemic problems

Wrongful removal

Reunification

The “reasonable efforts” requirement

The Adoption and Safe Families Act of 1997 Requires states to terminate parental rights

if the child cannot be returned home

Terminating parental rights