Q. What does one mean by child abuse and neglect?
According to Federal regulations, specifically the CAPTA (Federal Child Abuse Prevention Treatment Act), child abuse is any act or failure to act by any person that results in death, serious physical or emotional harm, sexual abuse or exploitation of a child. Also, any act or failure to act that presents an imminent risk of serious harm is considered child abuse or neglect. In a majority of the states, child abuse and child neglect laws pertain to an injury caused by parents or other types of care givers. These laws may differ from one state to the other as Federal law mandates every state to have specific definitions. Below are a few questions that have been answered regarding child abuse. Q. If there is no complaint filed against a person for inappropriate behavior; can the local child protection agencies stop him/her from seeing the child?
To protect the best interest of the child; the child protection agencies have been vested with a lot of authority in making decisions. They can stop a person from seeing a child if they have reason to believe that the person can pose a threat to the child. However, by means of an administrative appeal, one may contest the findings. Generally, the process starts with a paper review, which may be followed up by an administrative hearing where the proof may be produced before the judge. If it is proved that there was a case of child abuse, it may ban one from having any career that may involve being around children or the elderly. Q. Is it required to move the child out of the house of a person who is suspected of child abuse?
Child Protective Services (CPS) takes a call on whether a child can stay in the house of a child abuse suspect or not. The decision is based on the outcome of an investigation and certain other factors like:
• If a witness is able to testify
• Credibility of the witness
• Type of abuse
• Age of child
Safety of the child is determined after home visits are made and the investigation is completed. As a precaution, monitored home visits may continue. The suspect may also obtain legal assistance. Q. Is it possible to find out who has filed a sexual abuse charge if a complaint has been filed?
It may not be possible to find out the details of a person who has filed the sexual abuse charge until the investigation is completed. The authorities would generally keep this information confidential. However, in the event that the person has to give a statement, one may get a chance to see the accuser. Q. If a person has a misdemeanor child abuse charge; would it be possible to get it expunged from one’s record?
Laws regarding criminal records vary from one state to the other. Generally, one may not be able to expunge it from the record until the charge is dismissed or if one was not found guilty. Only if one is able to prove that there was no conviction for crime or no crime was committed in the last 18 months, the record may be expunged. If one feels that the record should be expunged, then the court where the case was filed needs to be approached and the services of a criminal lawyer hired. Q. Consider a situation where a parent has been accused of child abuse or child neglect. Is it possible for the grandparents to take temporary custody if the child is currently in foster care?
In order to obtain temporary custody, an application needs to be filed in the court that issued a ruling to send the child to foster care. Various aspects that may influence the court’s decision on temporary custody are:
• Child’s age and schooling details
• If the applicant has children
• If there is a criminal record of people living in the applicant’s home or in the immediate family
• How the applicant would provide for the child financially
If the temporary custody has been given to the immediate family member of the accused, a restraining order may be placed against the accused until the case is resolved or until further orders are passed. Child abuse and child neglect laws vary from one state to the other. Therefore, it is important to obtain assistance of a lawyer to file a petition in the court. Q. Is it possible to have the complaint removed from The Criminal Records Bureau (CRB) database if the allegations have been dropped?
The Criminal Records Bureau maintains record of an individual’s criminal background. It would indicate that a complaint was filed, but it will also indicate that the complaint was dropped and no criminal charges were filed. This bureau is based in Europe and it performs ample background checks. If the CRB has a negative remark against a person, that person may find it very hard to find employment. Every state has its own definition of child abuse and most treat it as a grave offence. A charge of child neglect or child abuse on one’s record may have a negative impact on one’s life. You can question family lawyers if you need more information about child abuse laws.
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