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Child Abuse & Neglect

What is Child Abuse?

Federal legislation provides a foundation for States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at 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 exploitation; or
• An act or failure to act which presents an imminent risk of serious harm.

What Are the Major Types of Child Abuse and Neglect?

Within the minimum standards set by The Federal Child Abuse Prevention and Treatment Act (CAPTA), each State is responsible for providing its own definitions of child abuse and neglect 1. Most States recognize four major types of maltreatment: child neglect, child physical abuse, child sexual abuse, and child emotional abuse. Although any of the forms of child maltreatment may be found separately, they often occur in combination.

The examples provided below are for general informational purposes only. Not all States' definitions will include all of the examples listed below, and individual States' definitions may cover additional situations not mentioned here.

Neglect is failure to provide for a child's basic needs. Neglect may be:

• Physical (e.g., failure to provide necessary food or shelter, or lack of appropriate supervision)
• Medical (e.g., failure to provide necessary medical or mental health treatment)
• Educational (e.g., failure to educate a child or attend to special education needs)
• Emotional (e.g., inattention to a child's emotional needs, failure to provide psychological care, or permitting the child to use alcohol or other drugs)

These situations do not always mean a child is neglected. Sometimes cultural values, the standards of care in the community, and poverty may be contributing factors, indicating the family is in need of information or assistance. When a family fails to use information and resources, and the child's health or safety is at risk, then child welfare intervention may be required.

Physical Abuse is physical injury (ranging from minor bruises to severe fractures or death) as a result of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or otherwise harming a child. Such injury is considered abuse regardless of whether the caretaker intended to hurt the child.

Sexual Abuse includes activities by a parent or caretaker such as fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials.3

Emotional Abuse is a pattern of behavior that impairs a child's emotional development or sense of self-worth. This may include constant criticism, threats, or rejection, as well as withholding love, support, or guidance. Emotional abuse is often difficult to prove and, therefore, CPS may not be able to intervene without evidence of harm to the child. Emotional abuse is almost always present when other forms are identified.

Signs of Child Abuse

These are some common child abuse indicators. This is not an exhaustive nor an exclusive list.

Physical Abuse Indicators: unexplained bruises, burns, skeletal injuries, head injuries, lacerations, or abrasions school absences may correlate with appearance of injury. The child may be easily frightened or fearful wary of physical contact, afraid to go home. or destructive to self and others.

Sexual Abuse Indicators: explicit or bizarre sexual knowledge, precocious sexually related speech or experimentation, loss of appetite, unexplained bruises/injuries in genital areas, anorexia or other stress related disorders, alcohol or drug abuse, frequent nightmares, unexplained gifts, extra money, or pornography in the child’s possession. The child may be obsessed with masturbation, withdrawn from normal human contact, depressed and having suicidal thoughts, self-destructive, or excessively fearful of selected individuals or locations.

Emotional Abuse Indicators: physical problems exacerbated by emotional distress, regressive behavior, failure to thrive in infancy or early childhood, low self-esteem. The child may be overly passive or aggressive, experiencing developmental lags, or developing sleeping disorders.

Neglect Indicators: poor hygiene, lacks weather appropriate clothing, or unattended medical or dental needs. The child may be constantly fatigued, experiencing developmental lags, or begging or stealing food.
 

-- From the National Clearinghouse on Child Abuse and Neglect Information

How Prevalent is Child Abuse?

The National Picture

The National Child Abuse and Neglect Data System (NCANDS) reported an estimated 1,400 child fatalities in 2002, the most recent year on record. This translates to a rate of 1.98 children per 100,000 children in the general population.

NCANDS defines "child fatality" as the death of a child caused by an injury resulting from abuse or neglect, or where abuse or neglect were contributing factors. Many researchers and practitioners believe child fatalities due to abuse and neglect are underreported.

Recent studies in Colorado and North Carolina have estimated as many as 50 to 60 percent of deaths resulting from abuse or neglect is not recorded. These studies indicate that neglect is the most under-recorded form of fatal maltreatment. More than 60 percent of child victims were neglected by their parents or other caregivers. Almost 20 percent were physically abused, 10 percent were sexually abused, and 7 percent were emotionally maltreated. In addition, almost 20 percent were associated with "other" types of maltreatment based on specific State laws and policies. A child could be a victim of more than one type of maltreatment.
 

-- From the US Department of Health and Human Services, Administration for Children and Families, National Clearinghouse on Child Abuse and Neglect Information
 

Maltreated children are at higher risk of arrest, at a younger age, with more significant and repeated criminal involvement. They can be expected to commit nearly twice as many crimes as children raised in a healthier environment. (An Update on the “Cycle of Violence”, U.S. Department of Justice, February 2001)

Children with disabilities are, on average, more than three times more likely to be maltreated than other children. (Congressional Testimony by the American Association of University Affiliated Programs, August 2001)

In addition to disabilities being a contributing factor to maltreatment, maltreatment causes disabilities in thousands of children each year (ibid)

The total annual cost of child abuse and neglect in the United States is over $94 billion. (Prevent Child Abuse America; Suzette From 2001)

Substance abuse by the alleged perpetrator was determined to be a factor in sixteen of thirty-seven, or 43%, of the maltreatment-related deaths of Arizona's children in 2003. (ibid.)

Violence is one of the leading causes of mortality and morbidity for Arizona’s children. Seventy children in Arizona died in 2000 due to some type of violence-more than from heart disease, asthma, diabetes, blood and metabolic diseases, and cancer combined. (The Honorable Janet Napolitano, then Attorney General of the State of Arizona, Arizona College of Public Health News, Spring 2001)

Of the 20,242 reports of alleged maltreatment received October 1, 2003-March 31, 2004, 59% alleged child neglect, 33% child physical abuse, 6% child sexual abuse, and 2% child emotional abuse. (Semi-annual Report; Arizona Department of Economic Security; Division of Children, Youth and Families)

Of the 17,428 reports investigated from October 1, 2003-March 31, 2004, 1,807 were substantiated. (ibid.)

On March 31, 2004, there were 8,246 children in out-of-home care in Arizona. (ibid.)

Using 2001 data, Arizona ranks 45 out of the 50 states in overall child well-being. This is the same as the previous year. 2004 Kids Count Data Book, The Annie E. Casey Foundation.

-- Arizona's Child Abuse InfoCenter

Child abuse and neglect are serious issues in Arizona. Sara Powell is a trusted child abuse lawyer. Sara listens and helps child abuse victims. With more than 20 years experience as a child abuse lawyer, she has the knowledge and track record to help you reclaim your life, or the life of your loved one.

Copyright 2004 Law Office of Sara J. Powell