Tag: laws

cps, General
What exactly IS the definition of child abuse and neglect?

If you are accused of child abuse, what does that mean? When I was a child, it was common practice to get a spanking, or whopping. It was called discipline.

Now days, spanking your child can get your child taken away from you and suddenly you are labeled an abuser for trying to teach your child tight from wrong. Where do we draw the line? Do parents have to live in fear of disciplining their own child?

What about neglect? CPS often uses the term “neglectful supervision” to justify their reason for involvement in a family’s life. That’s a very elastic term, what does it mean? How do you tell the difference between neglect and simply poverty?

If a family cannot afford to get the child school supplies or new clothes are they really being neglectful?

Let’s take a look at what the experts and the law says is child abuse and neglect.

What exactly IS child abuse?

In defining child maltreatment, experts have focused on both broad parameters and specific types or subgroups of child abuse and neglect.

C. Henry Kempe and colleagues’ “battered child syndrome” identified physical injuries perpetrated on the child by caregivers.

Vincent Fontana’s “maltreatment syndrome” included neglect in the definition of child abuse.

The American Bar Association Juvenile Justice Standards Project defined child abuse as a non-accidental injury that “causes or creates a substantial risk of causing disfigurement, impairment of bodily functioning, or other serious physical injury.”

A group of professionals in child welfare defined “emotional neglect” as the “parent’s refusal to recognize and take action to ameliorate a child’s identified emotional disturbance.”

Another definition of child abuse includes sexual abuse as “the sexual misuse of a child for an adult’s own gratification without proper concern for the child’s psychosexual development.”

The federal government’s legal definition of child abuse and neglect comes under the Child Abuse Prevention and Treatment Act (Public Law 100-294).

This included child physical and mental abuse, sexual abuse and exploitation, and neglect by a person responsible for the child’s health and welfare.

The Child Abuse Amendments of 1984 (Public Law 98-457) expanded the definition of child abuse and neglect to include “the withholding of medical treatment to an infant with a life threatening health condition or complication.”

The National Association of Public Child Welfare Administrators’ definition of child abuse and neglect further defined child maltreatment in a broad level as “any recent act or failure to act on the part of a parent or caretaker, which results in death or serious physical, sexual, or emotional harm or presents an imminent risk of serious harm to a person under age 18.”

Critics of the sometimes confusing, inconsistent, plethora of definitions of child abuse and neglect point out such problems as some are too narrow, others too inclusive, and the cross-cultural differences with respect to perceptions of child maltreatment and reporting of such.

The lack of uniformity in definitions and the resulting inconsistencies in their application reflect “the manifold perspectives on these acts, and the inchoate state of conceptualization.

Legislative history

The law was completely rewritten in the Child Abuse Prevention, Adoption and Family Services Act of 1988 (Public Law 100-294).

It was further amended by the Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (P.L. 101-126 and the Drug Free School Amendments of 1989 (Public Law 101-226).

The Community-Based Child Abuse and Neglect Prevention Grants was a program that was originally authorized by Sections 402 to 409 of the Continuing Appropriations Act for Fiscal Year 1985 (Public Law 98-473).

The Child Abuse Prevention Challenge Grants Reauthorization Act of 1989 (Public Law 101-126) transferred the program to the Child Abuse Prevention and Treatment Act, as amended.

A new Title III, Certain Preventive Services Regarding Children of Homeless Families or Families at Risk of Homelessness, was added to the Child Abuse and Neglect and Treatment Act by the Stewart B. McKinney Homeless Assistance Act Amendments of 1990 (Public Law 101-645).

The Child Abuse Prevention and Treatment Act was amended and reauthorized by the Child Abuse, Domestic Violence Adoption and Family Services Act of 1992 (Public Law 102-295), and amended by the Juvenile Justice and Delinquency Prevention Act Amendmentsof 1992 (Public Law 102-586).

The Act was amended by the Older American Act Technical Amendments of 1993 (Public Law 103-171, 12/2/93) and the Human Services Amendments of 1994 (Public Law 103-252, 5/19/94).

CAPTA was further amended by the Child Abuse Prevention and Treatment Act Amendments of 1996 (P.L. 104-235, 10/3/96), which amended Title I, replaced the Title II Community-Based Family Resource Centers program with a new Community-Based Family Resource and Support Program, and repealed Title III.

CAPTA was most recently amended by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36, 6/25/03), which amended Title I and replaced Title II, Community-Based Family Resource and Support Program with Community-Based Grants for the Prevention of Child Abuse and Neglect.

CAPTA was reauthorized in 2010, as the Child Abuse Prevention and Treatment Act of 2011 (Public Law 111-320)

This factsheet available for download by clicking here, is intended to help you better understand the Federal
definition of child abuse and neglect; learn about the different types of abuse and neglect, including human
trafficking; and recognize their signs and symptoms.

It also includes additional resources with information on how to effectively identify and report maltreatment and refer children who have been maltreated.

Federal legislation lays the groundwork for State laws
and Neglect and on child maltreatment by identifying a minimum set of systemwide laws, policies, and statutes that define actions or behaviors as child abuse and neglect.

Federal Law defines child abuse and neglect as, at a minimum,

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 victims, fatalities, exploitation (including sexual abuse as determined under section 111), or an act or failure to act which presents an imminent risk of serious harm” (42 U.S.C. 5101 note, § 3)

Additionally, it stipulates that “a child shall be considered a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking.

Most Federal and State child protection laws primarily refer to cases of harm to a child caused by parents or other caregivers; they generally do not include harm caused by other people, such as acquaintances or strangers.

Some State laws also include a child’s witnessing of domestic violence as a form of abuse or neglect.

For more information on State-specific laws pertaining to child abuse and neglect, see Child Welfare Information Gateway’s State Statutes Search page .

cps
New Truancy Laws in Texas and Why It Matters

I am posting this article for parents to read and understand because the laws are very important when it comes to being thrown in a situation where you might find yourself deciding to home school your child.

 What does home schooling have to do with truancy?

Well, in my case, I decided to home school my child when my ex was actively seeking out my child under threat to kidnap him.  I had received a call from the school districts’ main office telling me that my ex-husband/abuser was calling them attempting to obtain information as to what school my son was attending.  I had given the school and the school district copies of my protective order.  They were concerned because the protective order which barred contact from my son, did not bar my ex from receiving information from them regarding my son.  They were calling me because they would be releasing the information to him, and they wanted to let me know.

I immediately called the police, my lawyer, and everyone else I could think of for help, protection and advice on what to do.  I ultimately decided to home school my son.  I invested in the Abeka homeschool curriculum, and he did not return to school.  I began teaching him at home.

I went up to the school to withdraw him and was shocked to find out they would not allow me to withdraw him from school.  They gave me the reason that there had been conflicting custody papers brought in by my son’s father and grandmother stating that he had visitation rights.  (he had shown them the original divorce papers that were issued prior to the domestic violence protective order barring him from all contact with us).  I explained they had the copies of the protective order, and i was told that they had submitted it all to the school district’s attorney for review and we’d all meet up after the spring break.

I continued to home school my son prior to the withdrawal waiting for the meeting with the attorneys.

What I hadn’t thought about was how the child’s grandmother had used her address to enroll my son in school at that particular school telling me it was “because then he could go to school with his favorite cousin”.  So during the wait time, while I was homeschooling my son, the school sent a certified notice to the grandmother’s address notifying me that truancy charges would be filed against me unless he returned to school pending this wait time.

I did not receive that notice.  The grandmother signed my name on the certified letter receipt and never told me.

I was charged with truancy.  That was used against me later on by CPS when the false allegations began to flow.  The charges never came to fruition, but nevertheless they haunted me, as they were brought up over and over again as reason that I was supposedly “neglectful” of my child when I was merely trying to protect my child from domestic abuse.

SO – TEXANS –

HERE’S THE NEW LAWS ON TRUANCY THAT STARTED SEPT 1, 2015

TXTRIB

New Truancy Law Set to Put Pressure on Schools, Parents

by Terri Langford, The Texas Tribune

Aug. 8, 2015

Throughout August, The Texas Tribune will feature 31 ways Texans’ lives will change because of new laws that take effect Sept. 1. Check out our story calendar for more.

When the state’s new truancy law takes effect Sept. 1, students will no longer face criminal sanctions — penalties that could include jail time — for skipping school. But there is likely to be more pressure on schools — and on parents, who could face more cases if their kids fail to show up for class.

“I anticipate an increase in prosecutions of parents under this new statute,” said Ryan Kellus Turner, general counsel and director of education for the Texas Municipal Courts Education Center in Austin, which helps provide training on municipal court procedures.

Both the education center and Texas Education Agency officials have spent the summer trying to chop the bulky House Bill 2398 into serviceable bites for educators and judges who face a dramatic shift this fall in the way they deal with chronic school skippers. That shift includes a new requirement for all public schools to implement truancy prevention programs and new directives on how the courts can penalize school skippers.

For years, Texas was one of two states that made truancy a criminal violation. Public school students who had at least 10 unexcused absences in a six-month period found their truancy cases heard by justices of the peace or municipal judges. Schools also had the option of sending students with three unexcused absences within a four-week period to the adult courts.

Under the old law, students could see fines as punishment. But those 17 and older who failed to pay those fines could be charged with contempt and, in some cases, wound up in adult jails. For example, 21,576 truancy cases were filed so far this year in Dallas County. Of those, three students were jailed for failing to comply with the judge’s orders.

Under the new law crafted this year by state Rep. James White, R-Woodville, and state Sen. John Whitmire, D-Houston, schools can no longer send students with three unexcused absences within the four-week period to truancy courts. Instead, school officials will notify parents of the absences and warn them of the consequences, which could be a fine or a loss of driving privileges if the student racks up more absences or a criminal complaint against the parents. In addition, a face-to-face meeting between the school officials and the parents will be set up, and the student must be enrolled in a truancy prevention program.

Starting Sept. 1, schools will have some kind of truancy prevention program in place that will probably come in the form of mentoring and counseling.

If a student age 12 or older has 10 unexcused absences in a six-month period, school officials must first must determine if the absences are because the student is homeless, pregnant, in foster care or is a primary earner for the family. If the student’s situation matches any of those categories, then the school is to offer counseling support.

If the student does not fall into any of those categories and the anti-truancy programs have not worked, the school can refer the child to truancy court, where the student can face a $100 fine, a loss of driving privileges and perhaps a referral to the juvenile court system.

Like the old law, the new one allows schools to file a criminal complaint against a parent, but only if school can prove the absences were the result of the parent’s negligence. Negligence in Texas is defined as deviating from the “normal standard of care.” In such cases, parents will face a maximum fine of $500.

Turner says parents could see more criminal complaints if courts believe that a student’s legal guardian is not helping get that child to school.

“Even under this new law, the parent contributing to nonattendance is still a misdemeanor,” Turner said.

But the Texas Education Agency notes that a court now can dismiss a charge against a parent of contributing to the truancy if a judge finds that the dismissal “would be in the best interest of justice” and the student is unlikely to continue skipping school or has a good reason justifying the absence.

White, the original bill sponsor, said parents need to take school attendance seriously. School attendance is mandatory in Texas, and that does not change under this new law.

The only thing that does change is a shift from court referral to earlier intervention by schools.

“This piece of legislation marks a serious paradigm shift by lawmakers,” Turner explained. “Under the old law, the message from the Legislature was we want these cases prosecuted and we want these kids in court.”  

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2015/08/08/new-truancy-law-puts-pressure-schools/.

cps
New Truancy Laws in Texas and Why It Matters

I am posting this article for parents to read and understand because the laws are very important when it comes to being thrown in a situation where you might find yourself deciding to home school your child.

 What does home schooling have to do with truancy?

Well, in my case, I decided to home school my child when my ex was actively seeking out my child under threat to kidnap him.  I had received a call from the school districts’ main office telling me that my ex-husband/abuser was calling them attempting to obtain information as to what school my son was attending.  I had given the school and the school district copies of my protective order.  They were concerned because the protective order which barred contact from my son, did not bar my ex from receiving information from them regarding my son.  They were calling me because they would be releasing the information to him, and they wanted to let me know.

I immediately called the police, my lawyer, and everyone else I could think of for help, protection and advice on what to do.  I ultimately decided to home school my son.  I invested in the Abeka homeschool curriculum, and he did not return to school.  I began teaching him at home.

I went up to the school to withdraw him and was shocked to find out they would not allow me to withdraw him from school.  They gave me the reason that there had been conflicting custody papers brought in by my son’s father and grandmother stating that he had visitation rights.  (he had shown them the original divorce papers that were issued prior to the domestic violence protective order barring him from all contact with us).  I explained they had the copies of the protective order, and i was told that they had submitted it all to the school district’s attorney for review and we’d all meet up after the spring break.

I continued to home school my son prior to the withdrawal waiting for the meeting with the attorneys.

What I hadn’t thought about was how the child’s grandmother had used her address to enroll my son in school at that particular school telling me it was “because then he could go to school with his favorite cousin”.  So during the wait time, while I was homeschooling my son, the school sent a certified notice to the grandmother’s address notifying me that truancy charges would be filed against me unless he returned to school pending this wait time.

I did not receive that notice.  The grandmother signed my name on the certified letter receipt and never told me.

I was charged with truancy.  That was used against me later on by CPS when the false allegations began to flow.  The charges never came to fruition, but nevertheless they haunted me, as they were brought up over and over again as reason that I was supposedly “neglectful” of my child when I was merely trying to protect my child from domestic abuse.

SO – TEXANS –

HERE’S THE NEW LAWS ON TRUANCY THAT STARTED SEPT 1, 2015

TXTRIB

New Truancy Law Set to Put Pressure on Schools, Parents

by Terri Langford, The Texas Tribune

Aug. 8, 2015

Throughout August, The Texas Tribune will feature 31 ways Texans’ lives will change because of new laws that take effect Sept. 1. Check out our story calendar for more.

When the state’s new truancy law takes effect Sept. 1, students will no longer face criminal sanctions — penalties that could include jail time — for skipping school. But there is likely to be more pressure on schools — and on parents, who could face more cases if their kids fail to show up for class.

“I anticipate an increase in prosecutions of parents under this new statute,” said Ryan Kellus Turner, general counsel and director of education for the Texas Municipal Courts Education Center in Austin, which helps provide training on municipal court procedures.

Both the education center and Texas Education Agency officials have spent the summer trying to chop the bulky House Bill 2398 into serviceable bites for educators and judges who face a dramatic shift this fall in the way they deal with chronic school skippers. That shift includes a new requirement for all public schools to implement truancy prevention programs and new directives on how the courts can penalize school skippers.

For years, Texas was one of two states that made truancy a criminal violation. Public school students who had at least 10 unexcused absences in a six-month period found their truancy cases heard by justices of the peace or municipal judges. Schools also had the option of sending students with three unexcused absences within a four-week period to the adult courts.

Under the old law, students could see fines as punishment. But those 17 and older who failed to pay those fines could be charged with contempt and, in some cases, wound up in adult jails. For example, 21,576 truancy cases were filed so far this year in Dallas County. Of those, three students were jailed for failing to comply with the judge’s orders.

Under the new law crafted this year by state Rep. James White, R-Woodville, and state Sen. John Whitmire, D-Houston, schools can no longer send students with three unexcused absences within the four-week period to truancy courts. Instead, school officials will notify parents of the absences and warn them of the consequences, which could be a fine or a loss of driving privileges if the student racks up more absences or a criminal complaint against the parents. In addition, a face-to-face meeting between the school officials and the parents will be set up, and the student must be enrolled in a truancy prevention program.

Starting Sept. 1, schools will have some kind of truancy prevention program in place that will probably come in the form of mentoring and counseling.

If a student age 12 or older has 10 unexcused absences in a six-month period, school officials must first must determine if the absences are because the student is homeless, pregnant, in foster care or is a primary earner for the family. If the student’s situation matches any of those categories, then the school is to offer counseling support.

If the student does not fall into any of those categories and the anti-truancy programs have not worked, the school can refer the child to truancy court, where the student can face a $100 fine, a loss of driving privileges and perhaps a referral to the juvenile court system.

Like the old law, the new one allows schools to file a criminal complaint against a parent, but only if school can prove the absences were the result of the parent’s negligence. Negligence in Texas is defined as deviating from the “normal standard of care.” In such cases, parents will face a maximum fine of $500.

Turner says parents could see more criminal complaints if courts believe that a student’s legal guardian is not helping get that child to school.

“Even under this new law, the parent contributing to nonattendance is still a misdemeanor,” Turner said.

But the Texas Education Agency notes that a court now can dismiss a charge against a parent of contributing to the truancy if a judge finds that the dismissal “would be in the best interest of justice” and the student is unlikely to continue skipping school or has a good reason justifying the absence.

White, the original bill sponsor, said parents need to take school attendance seriously. School attendance is mandatory in Texas, and that does not change under this new law.

The only thing that does change is a shift from court referral to earlier intervention by schools.

“This piece of legislation marks a serious paradigm shift by lawmakers,” Turner explained. “Under the old law, the message from the Legislature was we want these cases prosecuted and we want these kids in court.”  

This article originally appeared in The Texas Tribune at http://www.texastribune.org/2015/08/08/new-truancy-law-puts-pressure-schools/.