Sunday, January 20, 2013

State Statute Summaries – It’s All in a Word


Just thought I would share just a small portion of the State Statute Summaries and how important it is to Carefully review the verbiage when Defending Yourself. Please note, these publications presents civil definitions that determine the grounds for intervention (Go to Link to Index)
I have included, as reference:

·         The National introduction to Abuse and Neglect
and for comparison:

  • ·         California definitions of Abuse and Neglect
  • ·         New Mexico definitions of Abuse and Neglect

It is VITAL that one keeps in mind that the Federal Government may create Laws. However, it is the Responsibility of the States to 1)Interpret these Laws; 2)Enforce these laws, usually through creating Statutes.

AND that ALL laws and statutes Must Not infringe on our US Constitutional Rights.
I have bolded certain KEY Words for Reference:

  • ·        Substantial
  • ·        Serious

These are just a few words that one must consider when reviewing the statutes. Also, in your defense, do you have proof that your alleged allegations were Not substantial or serious?

So do read the statutes carefully for, yes, a mere word can be significant in your defense. For example, how about intentional or nonaccidental VS accidental??

Introduction to Summaries on Abuse from the National Level


Child abuse and neglect are defined by Federal and State laws. At the State level, child abuse and neglect may be defined in both civil and criminal statutes. This publication presents civil definitions that determine the grounds for intervention by State child protective agencies.1 At the Federal level, the Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as:

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 harm2

California Statute Summary


Physical Abuse


Citation:  Welf. & Inst. Code § 300

A child may be considered dependent when:

 The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For the purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm.

 The child is younger than age 5 and has suffered severe physical abuse by a parent or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child.

 The childs parent or guardian caused the death of another child through abuse or neglect.

 The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.

For the purposes of this subdivision, ‘severe physical abuse’ means:

 Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death

 Any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling

 More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness

 The willful, prolonged failure to provide adequate food

Neglect


Citation:  Welf. & Inst. Code § 300

A child may be considered dependent when:

 The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of:

»    The failure or inability of the parent or guardian to adequately supervise or protect the child

»    The willful or negligent failure of the parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left

»    The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment

»    The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse

 The childs sibling has been abused or neglected, and there is a substantial risk that the child will be abused or neglected. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.

Sexual Abuse/Exploitation


Citation:  Welf. & Inst. Code § 300; Penal Code § 11165.1

A child is considered dependent if he or she has been sexually abused; there is a substantial risk that the child will be sexually abused, as defined in § 11165.1 of the Penal Code, by his or her parent, guardian, or a household member; or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.

‘Sexual abuse’ means sexual assault or sexual exploitation as defined below:

 ‘Sexual assault’ includes rape, incest, sodomy, lewd or lascivious acts upon a child, or child molestation.

 ‘Sexual exploitation’ refers to any of the following:

»    Depicting a minor engaged in obscene acts; preparing, selling, or distributing obscene matter that depicts minors; employing a minor to perform obscene acts

»    Knowingly permitting or encouraging a child to engage in, or assisting others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction involving obscene sexual conduct

»    Depicting a child in, or knowingly developing, duplicating, printing, or exchanging any film, photograph, videotape, negative, or slide in which a child is engaged in an act of obscene sexual conduct

Emotional  Abuse


Citation:  Welf. & Inst. Code § 300

A child is considered dependent if he or she is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian, or who has no parent or guardian capable of providing appropriate care. No child shall be found to be a dependent person if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.

Abandonment


Citation:  Welf. & Inst. Code § 300

A child is considered dependent when:

 The child has been left without any provision for support.

 Physical custody of the child has been voluntarily surrendered pursuant to § 1255.7 of the Health and Safety

Code, and the child has not been reclaimed within the 14-day period specified in subdivision (e) of that section.

 The childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child.

 A relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.

 The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.

New Mexico State Summaries


Physical Abuse


Citation:  Ann. Stat. § 32A-4-2

‘Abused child’ means a child:

 Who has suffered or is at risk of suffering serious harm because of the action or inaction of the childs parent, guardian, or custodian

 Who has suffered physical abuse inflicted or caused by the childs parent, guardian, or custodian

 Whose parent, guardian, or custodian has knowingly, intentionally, or negligently placed the child in a situation that may endanger the childs life or health

 Whose parent, guardian, or custodian has knowingly or intentionally tortured, cruelly confined, or cruelly punished the child

‘Physical abuse’ includes, but is not limited to, any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death, and:

 There is no justifiable explanation for the condition or death.

 The explanation given for the condition or death is at variance with the degree or nature of the condition or the nature of the death.

 Circumstances indicate that the condition or death may not be the product of an accidental occurrence.

Neglect


Citation:  Ann. Stat. § 32A-4-2

‘Neglected child’ means a child:

 Who has been abandoned by the childs parent, guardian, or custodian

 Who is without proper parental care and control or subsistence, education, medical, or other care or control necessary for the childs well-being because of the faults or habits of the childs parent, guardian, or custodian or that persons failure or refusal to provide them

 Who has been physically or sexually abused when the childs parent, guardian, or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm

 Whose parent, guardian, or custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental disorder or incapacity

 Who has been placed for care or adoption in violation of the law

Sexual Abuse/Exploitation


Citation:  Ann. Stat. § 32A-4-2

The term ‘abused child’ includes a child who has suffered sexual abuse or sexual exploitation inflicted by the childs parent, guardian, or custodian.

‘Sexual abuse’ includes, but is not limited to, criminal sexual contact, incest, or criminal sexual penetration, as those acts are defined by State law.

‘Sexual exploitation’ includes, but is not limited to:

 Allowing, permitting, or encouraging a child to engage in prostitution

 Allowing, permitting, encouraging, or engaging a child in obscene or pornographic photographing

 Filming or depicting a child for obscene or pornographic commercial purposes

Emotional  Abuse


Citation:  Ann. Stat. § 32A-4-2

The term ‘abused child’ includes a child who has suffered emotional or psychological abuse inflicted or caused by the childs parent, guardian, or custodian.

Abandonment


Citation:  Ann. Stat. § 32A-4-2

‘Abandonment’ includes instances when the parent, without justifiable cause:

 Left the child without provision for the childs identification for a period of 14 days

 Left the child with others, including the other parent or an agency, without provision for support and without communication, for a period of 3 months if the child was younger than age 6 at the commencement of the

3-month period, or 6 months if the child was older than age 6 at the commencement of the 6-month period

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May you find Strength in Your Higher Power,
 GranPa Chuck