San Diego Criminal Lawyers Blog
Anyone accused of child abuse or neglect may be facing some pretty serious penalties. In addition to the risk of losing custody of one’s children, the possibility of criminal charges that could lead to serious jail time is very real.
Abuse Defined
According to the Federal Child Abuse Prevention and Treatment Act (CAPTA), abuse can be defined as an action– or lack of action– by parents and/or caregivers that leads to severe emotional or physical outcomes, sexual abuse or exploitation, or a failure to act that results in serious harm or death. Examples might include:
- Cruel and harsh spanking, hitting, punching, burning, shaking, and similarly severe physical punishments;
- The prolonged denial to provide food;
- Sexual abuse of any kind;
- Restraining children to their beds or locking them in a closet;
- Withholding provisions such as food or water as a form of discipline;
- Verbally cruel statements or name-calling that is intended to humiliate or demean.
Neglect Defined
According to CAPTA, neglect is likely the most common form of child abuse. It is defined as a parent or caregiver’s failure to provide a child with necessary supervision, clothing, food, and shelter. Examples of neglect include:
- Underfeeding or feeding only limited foods (such as only ramen noodles);
- Failing to provide a clean and secure environment;
- Failing to bathe children or provide clean clothing;
- Failing to provide adequate medical, vision, and dental care;
- Failing to provide clothing that is appropriate for weather conditions;
- Apathy toward a child;
- Leaving a child in a hot vehicle;
- Leaving a child unattended for periods of time that are inappropriate for the age of the child;
- Experiencing inebriation or drug abuse in the presence of the child.
California State Law
In addition to the definitions in federal law, under California state law, abandonment is also listed as a form of child abuse—which is essentially the lack of supervision for an extended period of time.
What is Not Abuse or Neglect?
Parents are very much in the spotlight these days, and discipline techniques are often criticized by outsiders. Parents need not be concerned about charges that lack merit, including disciplinary actions that include:
- Talking with the child about right and wrong;
- Having reasonable expectations for behavior that are age-appropriate;
- Taking away a toy, phone, computer, etc. for a period of time;
- Ignoring bad behaviors and allowing natural consequences to follow (as long as they are not dangerous);
- Redirecting misbehavior;
- Using time-outs for time periods that are age-appropriate (generally, one minute per age is considered about right).