What Is The Legal Definition Of Child Neglect?
One example of a legal definition of child neglect comes from the State of California:
Neglect means the negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. The term includes both acts and omissions on the part of the responsible person.
Severe neglect means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. Severe neglect also means those situations of neglect where any person having the care or custody of a 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, including the intentional failure to provide adequate food, clothing, shelter, or medical care.
General neglect means the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred.
What Are The Signs A Baby May Have Been Shaken?
Associated injury patterns are generally found in victims with SBS and non-accidental head trauma. If additional injuries are present with SBS, the infant and/or child may have bruising on the scalp, torso, and extremities. Bruising may be red, bluish-purple or brown, depending on the age of the bruises. Lacerations and contusions may be found anywhere on the child’s body where areas of impact occurred against a surface. Sprains, torn ligaments and tendons in the neck, shoulders, wrists, hands, hips, legs, knees and feet may be present where joints were stressed from hyper-extension (bending back), hyper-flexion (bending forward) and stretching from forceful pulling and shaking action.
Is There A Deadline For My Child To File A Claim Or Lawsuit In California?
Yes, and the time limits are different depending on the type of claim or lawsuit being brought on behalf of the child. Generally speaking, in order to bring a state law claim against a governmental agency, a claim must be presented within six (6) months from the "date of accrual" of the claim. The "date of accrual" is typically the date of injury, but may be later if the claim is based on "delayed discovery" of the claim. Continue Reading...
How Do I Report Suspected Child Abuse Or Neglect In Stanislaus County California?
Anyone can report suspected child abuse or neglect. Reporting abuse or neglect can protect a child and get help for a family—it may even save a child's life. To report suspected child abuse or neglect in Stanislaus County California, Call - 209-558-3665 or Toll Free - 800-558-3665
Can I sue CPS (Child Protective Services) when a child is severely injured after CPS failed to remove the child from a dangerous home?
Yes, but it depends on the specific facts and circumstances of each case. If child protective services CPS was ordered to remove a child to an emergency shelter by the juvenile court, but failed to do so in a timely manner, then you can file a lawsuit against child protective services in California and hold the county and CPS workers responsible for failing to comply with the mandatory duty to remove the child. Or, if the CPS workers increased the endangerment to a child before the severe abuse - by filing false reports or failing to make required inspections - then a federal civil rights lawsuit under 42 USC 1983 may be an option for that particular situation. Bottom line - it depends on the facts. Call or e-mail our State of California child abuse lawyers for a free analysis to see if we can help you help the child.
