Laws against child abuse and neglect exist in many countries, with a dependent child usually defined as under 18 and under the legal assistance of an adult. In the US, the Federal Child Abuse and Prevention and Treatment Act sets minimum standards for states. Child Protective Services investigates allegations of abuse or neglect, and can remove a child from the home if necessary. Family reunification is the goal, but parental rights can be terminated and the child placed for adoption. Abusing or neglecting a dependent is a felony in most states, with potential for lengthy prison sentences.
Many jurisdictions around the world have laws against the abuse or neglect of a dependent child. While the definition of a dependent child can vary, it usually refers to a child under 18 who is under the legal assistance of an adult parent or caregiver. While a biological parent is often legally liable for a dependent child, other people such as a legal guardian, custodial parent, or state agency may also be held legally liable for a dependent child.
In the United States, the Federal Child Abuse and Prevention and Treatment Act (CAPTA) sets minimum standards that individual states must use in implementing child abuse and neglect legislation. According to CAPTA, “Any recent act or omission by a parent or guardian, resulting in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or omission that presents an imminent risk of serious harm” it is considered child abuse or neglect. When a caregiver is accused of abuse or neglect of a dependent child, they may be charged with a felony or may be required to appear before a juvenile court judge to determine whether or not the child may remain in the custody of the caregiver. caregiver, or both.
In most states, when an allegation of abuse or neglect is made, a county Child Protective Services investigator will contact the caregiver in an attempt to determine whether the allegations are substantiated. In most cases, the investigator can do one of three things after making contact: close the investigation after determining that the allegations are unsubstantiated; defer the case for further review, but allow the child to stay at home; or remove the child from the home and defer the case to further legal action. Detectives generally have the legal authority, with help from local law enforcement if necessary, to forcibly remove a child if they feel it is warranted.
When a child is removed from the home, in most cases they are placed with a family member if possible. If foster care is not possible, the child will be placed in foster care while the case is pending. In most states, state law requires juvenile court to work towards family reunification, which means that the court system must offer services to the family in an effort to reunite the dependent child with his or her parent. When the justice system has exhausted all the services and resources at its disposal, the court will terminate the parent’s parental rights and the child will be placed for adoption.
Aside from the juvenile court process that determines whether or not a dependent child can remain in the custody of a parent, a parent or other caregiver can also face criminal charges for abuse or neglect of a dependent. In most states, it is a felony to abuse or neglect a dependent. Depending on the type and severity of the abuse or neglect, a parent or caregiver can face a lengthy prison sentence if convicted of abusing or neglecting a dependent child.
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