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:
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 child’s 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 child’s 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 child’s 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 parent’s or guardian’s mental
illness, developmental disability, or substance abuse
• The child’s 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 child’s 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 child’s parent, guardian, or custodian
• Who has suffered physical abuse
inflicted or caused by the child’s parent, guardian, or custodian
• Whose parent, guardian, or custodian
has knowingly, intentionally, or negligently placed the child in a situation that may endanger the child’s 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 child’s parent, guardian, or custodian
• Who is without proper parental care and control or subsistence, education, medical, or other care or control
necessary for the child’s well-being because of the faults or habits
of the child’s parent, guardian, or custodian
or that person’s failure
or refusal to provide
them
• Who has been physically or sexually abused when the
child’s 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 child’s 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 child’s 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 child’s 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
http://nfpcar.org/Jurisdictionary/
