How To Get Your Children Back In Juvenile or Family Court
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FEDERAL DEFINITION OF CHILD ABUSE AND NEGLECT
Federal legislation provides guidance to States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:
- “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or
- “An act or failure to act which presents an imminent risk of serious harm.”
This definition of child abuse and neglect refers specifically to parents and other caregivers. A “child” under this definition generally means a person who is younger than age 18 or who is not an emancipated minor.
While CAPTA provides definitions for sexual abuse and the special cases of neglect related to withholding or failing to provide medically indicated treatment, it does not provide specific definitions for other types of maltreatment such as physical abuse, neglect, or emotional abuse. While Federal legislation sets minimum standards for States that accept CAPTA funding, each State provides its own definitions of maltreatment within civil and criminal statutes.
Did you notice that Federal law states that in order for the state to take your child/ren…..the harm must have been SERIOUS or the harm coming soon must be SERIOUS. The minimum harm done, or will be done to your child/ren MUST be SERIOUS.
Idaho Definitions of Child Abuse and Neglect
Current Through February 2016
Physical Abuse
‘Abused’ means any case in which a child has been the victim of conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive, or death, and such condition or death is not justifiably explained; the history given concerning such condition or death is inconsistent with the degree or type of such condition or death; or the circumstances indicate that such condition or death may not be the product of an accidental occurrence.
Neglect
‘Neglected’ means a child:
- Who is without proper parental care and control, subsistence, medical, or other care necessary for his or her well-being because of the conduct or omission of his or her parents, guardian, or other custodian, or their neglect or refusal to provide them
- Whose parents, guardian, or other custodian is unable to discharge his or her responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his or her health, safety, or well-being
- Who has been placed for care or adoption in violation of the law
- Who is without proper education because of the failure to comply with § 33-202
Sexual Abuse/Exploitation
The term ‘abused’ applies to any case in which a child has been the victim of sexual conduct, including rape, molestation, incest, prostitution, obscene or pornographic photographing, filming or depiction for commercial purposes, or other similar forms of sexual exploitation that harms or threatens the child’s health, welfare, or mental health.
Emotional Abuse
‘Mental injury’ means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.
Abandonment
Citation: Idaho Code § 16-1602
‘Abandoned’ means the failure of the parent to maintain a normal parental relationship with his or her child, including but not limited to reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of 1 year shall constitute prima facie evidence of abandonment.
Standards for Reporting
Citation: Idaho Code § 16-1605
A report is required when any person has reason to believe that a child younger than age 18 has been abused, abandoned, or neglected or observes the child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment, or neglect.
Persons Responsible for the Child
‘Responsible persons’ include the parent, guardian, or other custodian.
Exceptions
No child whose parent chooses for the child treatment by prayers through spiritual means in lieu of medical treatment shall be deemed for that reason alone to be neglected. This exception shall not prevent the court from ordering emergency medical treatment when the child’s life is endangered.
Definitions of Domestic Violence
Current Through August 2017
Defined in Domestic Violence Civil Laws
‘Domestic violence’ means the physical injury, sexual abuse, or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.
Defined in Child Abuse Reporting and Child Protection Laws
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
‘Traumatic injury’ means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.
Any household member who, in committing a battery as defined in § 18-903, inflicts a traumatic injury upon any other household member is guilty of a felony.
A household member who commits an assault, as defined in § 18-901, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic assault.
A household member who commits a battery, as defined in § 18-903, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic battery.
Persons Included in the Definition
In civil law: ‘Family member’ means spouses, former spouses, and persons related by blood, adoption, or marriage.
‘Household member’ means persons who reside or have resided together and persons who have a child in common regardless of whether they have been married or have lived together at any time.
‘Dating relationship,’ for the purposes of this chapter, is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include the following:
- The nature of the relationship
- The length of time the relationship has existed
- The frequency of interaction between the parties
- The time since termination of the relationship, if applicable
In criminal law: ‘Household member’ means a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married, or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.
Child Witnesses to Domestic Violence
Current Through April 2016
Circumstances That Constitute Witnessing
In criminal law: The term ‘in the presence of a child’ means in the physical presence of a child or knowing that a child is present and may see or hear an act of domestic assault or battery. For purposes of this section, ‘child’ means a person under age 16.
Consequences
The maximum penalties provided in this section shall be doubled when the act of domestic assault or battery for which the person is convicted or pleads guilty took place in the presence of a child.