Child Maltreatment definition state PDF

Preview

Summary

Variance of state definition of child maltreatment ...

Description

Definition of child neglect from four states: Pennsylvania: Application: Under Pennsylvania law the children of LeAnne would not be considered neglected. Serious physical neglect—A physical condition caused by the act or failure to act of a perpetrator which endangers the child’s life or development or impairs the child’s functioning and is the result of one of the following: (i) Prolonged or repeated lack of supervision. (ii) Failure to provide essentials of life, including adequate medical and dental care Ohio: Application: It is my understanding that within Ohio law Thomas and Megan—witnesses to the parental abuse occurring would be classified as mental injury which is considered a form of child neglect. Who is abandoned by the child's parents, guardian, or custodian; (2) Who lacks adequate parental care because of the faults or habits of the child's parents, guardian, or custodian; (3) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child's health, morals, or well being; (4) Whose parents, guardian, or custodian neglects the child or refuses to provide the special care made necessary by the child's mental condition; (5) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of sections 5103.16 and 5103.17 of the Revised Code; (6) Who, because of the omission of the child's parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child's health or welfare; (7) Who is subjected to out-of-home care child neglect. New York: Application: Under New York state law Thomas and Megan will classify as undergoing child neglect as their mental and emotional condition may be impaired due to being in the same household domestic violence occurs. Under Section 1012(f) of the Family Court Act, a neglected or maltreated child is a child under 18 who has been abandoned by his or her parents or other person legally responsible for the child’s care, or whose physical, mental or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his or her parent or other person legally responsible for his or her care to exercise a minimum degree of care:  In supplying the child with adequate food, clothing, shelter or education in accordance with provisions of part one of article 65 of the education law, or medical, dental, optometric or surgical care, though financially able to do so or offered financial or other reasonable means to do so  In providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or

drugs; or by misusing alcoholic beverages to the extent that he or she loses self-control of his or her actions; or by any other acts of similarly serious nature requiring the aid of the courts. In these cases, there is a causal connection between the child’s condition and the subject’s failure to exercise a minimum degree of care, or the parent has abandoned the child by demonstrating an intent to forego his or her parental rights and obligations by failing to visit the child or communicate with the child though able to do so In New York, reasonable physical correction of a child is allowed. Excessive corporal punishment is not. Excessive is a case-by-case determination based on the form of the punishment, its ability to cause serious injury, the purpose of the punishment and what the child did to warrant such punishment. Clarifying questions should be asked. Does the child (based on age, maturity, physical/mental condition) lack the capacity to understand the corrective quality of the discipline? Is a less severe method of punishment available and likely to be effective? Is the punishment unnecessarily degrading the child? Was the punishment inflicted for gratification of the parent’s rage? Was the punishment brutal? Did the punishment last for such a time that it surpassed a child’s power of endurance? Did the punishment leave bruises/lacerations? Minnesota: Application: Under Minnesota state law it may classify as child neglect as the children may be negatively emotionally impacted. Neglect includes the following: failure to supply necessary food, clothing, shelter, or medical care when reasonably able to do so failure to protect a child from serious danger to physical or mental health when reasonably able to do so, including a growth delay, referred to as failure to thrive failure to provide necessary supervision or appropriate child care chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the child’s care that adversely affects the child’s basic needs and safety emotional harm demonstrated by a substantial and observable effect on the child withholding medical treatment, including medically indicated treatment from a disabled infant with a life-threatening condition prenatal exposure to specified controlled substances failure to ensure that a child is educated in accordance with state law Reference: http://www.pacode.com/secure/data/055/chapter3490/s3490.4.html http://codes.ohio.gov/orc/2151.03 http://socialwork.adelphi.edu/academics/online-course-reporting-child-abuse/child-abuse-andneglect-definitions/ https://www.revisor.mn.gov/statutes/?id=626.556...