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Legal Issues Affecting Parenting
What Parents Need to Know about Child Abuse
AB 518 Ch 435, 1981
The child abuse reporting law in California possibly represents one of the best developed in the nation despite some ambiguities.
Most states have similar laws requiring the reporting of child abuse in any of its several forms.
In spite of well-developed laws, physical abuse continues to abound nationally with over 2 million cases
reported in 2000. All practitioners, or any person with knowledge of child abuse, is required to report under California State AB 518 (Child care custodians, Medical Practitioners, State licensed
Practitioners, Non-Medical Practitioners, or Child Protective Agencies).
Numerous categories exist and all are reportable; many states have similar codes and requirements.
Sexual assault (rape, incest, sodomy and other lewd acts) Willful cruelty or unjustifiable punishment (the infliction of unjustifiable physical pain or mental suffering)
Corporal punishment or injury Abuse in out of home care Child abuse (physical injury or sexual abuse, acts of commission or omission, corporal punishment or injury)
Telephone or written reports must be made within
36 hours, usually to the County Welfare Department.
As of January 1, 2001, all cases of “mental suffering” aka “emotional abuse” must be reported. The statute reads:
“Willful cruelty or unjustifiable punishment
of a child” means a situation where any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any
child, willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered.”
As of January 1, 2001, the may report clause became a must report clause for emotional abuse, thus, “unjustifiable mental suffering” must now be reported as child abuse.
Laws often appear vague, and, so it is the purpose of this article to attempt to simply explain, for the benefit of families, some basic concepts of child abuse and neglect.
Child abuse is often thought of as having physical implications. However, child abuse may be any act of commission or omission that either endangers or impairs a child’s physical or emotional health or development and may include the following:
Physical abuse and corporal punishment Emotional abuse Emotional deprivation Physical neglect (inadequate supervision) Sexual abuse and exploitation. 1. Physical abuse and corporal punishment suspected if:
Evidence of bodily injury, such as abrasions, cuts, lacerations, burns, swelling, dislocations, etc.
2. Emotional abuse suspected if:
Child is withdrawn, depressed or apathetic Child acts out or is a behavior problem Child is overly rigid in conforming to instructions of teachers, doctors, etc. Child makes unwitting comments about his own behavior (“I’m bad”, etc.) 3. Sexual abuse and exploitation suspected if:
The child reports sexual activity with parents The child shows an early or exaggerated awareness of sex with either seductive interest or fearful avoidance in
close contact with others. There is “tearing” or “bruising” or “inflamation” of body orifices There is venereal disease of any body orifice A child with behavior problems hints at conflicts at home, but is fearful of talking about one of the parents.
. . A child is known to be the victim of other forms of abuse by parents.
Parts excerpted from the California Dept. of
Justice; Information Pamphlet #8, Child Abuse, October 1978, p. 1 - 19.
Between 20 - 35% of all women victimized during childhood are victims of sexual abuse.
About 90% of abuse is by men, fathers, stepfathers, or extended family.
Guilt, fear, depression, repressed anger and low self esteem all play a part in the victimization process and keep victims
trapped. This is why reporting is so vital to the future of the child in a society where the historical paradigm of parenting has been radically altered; the Bonding and Purpose of the family has been modified; the perception of authority has undergone sweeping modification and the impact of the media has changed the world view permanently. All of these factors coalesce together and form an indulgence factor making youth of our society susceptible to violation. It is, therefore, the responsibility of professional and nonprofessional alike to protect the weaker members of society from unwarranted or unjustifiable abuse.
Parents, in particular, need to be aware of these laws and institute forms of discipline in such a way as not to place themselves in a reportable position.
It is useful to remember that the object of discipline is usually self control and it is especially important, recognizing the cultural changes that have transpired, to educate oneself with discipline techniques which will not result in physical or emotional abuse.
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