Child Abuse
What is Child Abuse?
Pursuant to Family Code Sections 6203 and 6211, child abuse is any act or lack of action that puts a child's physical or emotional health and development in danger. Child abuse can take the form of physical abuse, sexual abuse, emotional abuse, emotional deprivation, physical neglect, or inadequate supervision.
Corporal Punishment as a form of discipline (spanking) is legal, but may become child abuse, depending on the manner and severity of the discipline. Corporal punishment can become abusive when a parent or other authority figure uses extreme or inappropriate forms of corporal punishment. When corporal punishment is administered in an out-of-control way, out of anger and frustration, with a high degree of force, or when forms of corporal punishment are used that are not in relation to the child's developmental age, or with objects, such as belts, cords or brooms, it is child abuse. The Ninth Circuit ruled that a parent has no clear federal constitutional right under the Fourth or Fourteenth Amendments to strike his/her child with a belt without exposure to criminal prosecution.
The Child Abuse and Reporting Act requires specified individuals, such as child care custodians (including teachers, counselors and nannies), health practitioners, and clergy members, to report known or suspected instances of child abuse to child protective agencies. A violation of this reporting requirement is a misdemeanor.
There is also federal law requiring certain covered professionals (such as physicians, social workers, teachers, child care workers, law enforcement personnel, foster parents, and commercial film and photo processors), while engaged in a professional capacity or activity on federal land or in a federally-operated facility, to report suspected incidents of child abuse to a designated federal agency. (42 U.S.C. § 13031 et seq.) Failure to do so is punishable as a misdemeanor, pursuant to 18 U.S.C. § 2258.
The Penalty for Abusing or Neglecting a Child
A person convicted of child abuse can be jailed and fined. Any parent, whether married, separated, or divorced, is responsible for the physical and emotional health of his/her child. Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts unjustifiable physical pain or mental suffering on them, or willfully causes or permits their health to be injured, or willfully causes or permits them to be placed in a situation where their health is endangered may be punished by imprisonment in a county jail for a period not exceeding a year or in the state prison for two to six years pursuant to Penal Code Section 273a; see also Penal Code, §§ 647.6 and 11165.6.).
Sentences can be enhanced depending on the nature and severity of abuse.
Parental kidnapping of children is also considered a form of domestic violence and child abuse and should be reported to your local police department immediately.
Possible Signs of Abuse
A child has had several incidents of unusual injuries or injuries that cannot be explained. In some cases there may be no tell-tale signs that a child is being abused. Bruises, black eyes, and broken bones may certainly be clues, but other signs could be less obvious. Children who have been abused may behave differently. They may have nightmares or trouble sleeping. Their school performance may suffer suddenly. Aside from the outward physical signs of abuse, they may:
- Have a poor self-image
- Be aggressive or disruptive
- Display intense anger or rage
- Act out in the classroom
- Act out sexually
- Be self-destructive, self-abusive, or even suicidal
- Be sad, withdrawn, or depressed
- Have difficulty forming new relationships
- Have difficulty trusting or loving
- Use drugs or alcohol
- Avoid going home after school
- Show a fear of certain adults
Who to Contact for Help
If you suspect or have knowledge that a child is being abused you should:
Contact your local police department, child abuse and neglect hotline, council or center in your area, or child protective services.
San Bernardino County Child Welfare Services Director, San Bernardino County CWS Agency 385 North Arrowhead Avenue, 5th Floor San Bernardino, CA 92415 (800) 827-8724 (909) 422-3266 after hours
Office of the Attorney General – Crime Victim’s Rights and Resources
Children and Family Services Division
California Department of Child Services (DSS) |
