How To Get Your Children Back In Juvenile or Family Court
CLICK HERE to to to our course.
CLICK HERE to pay for our course. Get Instant access.
CLICK HERE to go to our home page
OUR COURSES TEACH YOU WHAT TO SAY AND DO IN JUVENILE DEPENDENCY COURT CASE AND GET YOUR CHILDREN BACK....
Only $27 subscription per month. (Stop any time)
The legal definition of ‘Harm’:
Harm means any injury, loss or damage. It can also be any material or tangible detriment. There are different types of harm like accidental harm-where the injury or damage is not caused by a tortious act; bodily harm-where there is some physical pain, illness, or impairment to the body.
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.
Michigan Definitions of Child Abuse and Neglect
Current Through February 2016
Physical Abuse
‘Child abuse’ means harm or threatened harm to a child’s health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment by a parent, a legal guardian, or any other person responsible for the child’s health or welfare or by a teacher, a teacher’s aide, or a member of the clergy.
‘Severe physical injury‘ means an injury to the child that requires medical treatment or hospitalization and that seriously impairs the child’s health or physical well-being.
Neglect
‘Child neglect’ means harm or threatened harm to a child’s health or welfare, by a parent, legal guardian, or any other person responsible for the child’s health or welfare, that occurs through either of the following:
- Negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care
- Placing a child at an unreasonable risk to the child’s health or welfare by failure to intervene to eliminate that risk when the parent, legal guardian, or other person responsible for the child’s health or welfare is able to do so and has, or should have, knowledge of the risk
Sexual Abuse/Exploitation
‘Sexual abuse’ means engaging in sexual contact or sexual penetration with a child as those terms are defined in the penal code.
‘Sexual exploitation’ includes allowing, permitting, or encouraging a child to engage in prostitution, or allowing, permitting, encouraging, or engaging in photographing, filming, or depicting a child engaged in a sexual act.
Emotional Abuse
The term ‘child abuse’ includes mental injury.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Comp. Laws § 722.623
A report is required when a mandatory reporter has reasonable cause to suspect child abuse or neglect.
Persons Responsible for the Child
A ‘person responsible for the child’s health or welfare’ means a parent; legal guardian; person age 18 or older who resides for any length of time in the same home as the child; nonparent adult; or an owner, operator, volunteer, or employee of one or more of the following:
- A licensed or registered child care organization
- A licensed or unlicensed adult foster care family home or adult foster care small group home
- A court-operated facility
‘Nonparent adult’ means a person who is age 18 or older and who, regardless of the person’s domicile, meets all of the following criteria in relation to a child:
- Has substantial and regular contact with the child
- Has a close personal relationship with the child’s parent or with a person responsible for the child’s health or welfare
- Is not the child’s parent or a person otherwise related to the child by blood or affinity to the third degree
Exceptions
A parent or guardian legitimately practicing his or her religious beliefs who thereby does not provide specified medical treatment for a child, for that reason alone shall not be considered a negligent parent or guardian. This section shall not preclude a court from ordering the provision of medical services or nonmedical remedial services recognized by State law to a child when the child’s health requires it, nor does it abrogate the responsibility of a person required to report child abuse or neglect.
Definitions of Domestic Violence
Current Through August 2017
Defined in Domestic Violence Civil Laws
‘Domestic violence’ means the occurrence of any of the following acts by a person that is not an act of self-defense:
- Causing or attempting to cause physical or mental harm to a family or household member
- Placing a family or household member in fear of physical or mental harm
- Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress
- Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested
Defined in Child Abuse Reporting and Child Protection Laws
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
An individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household is guilty of a misdemeanor.
An individual who commits an assault or an assault and battery and who has two or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household is guilty of a felony.
An individual who assaults his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor.
An individual who commits an aggravated assault and battery and who has one or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household is guilty of a felony.
Persons Included in the Definition
‘Family or household member’ includes any of the following:
- A spouse or former spouse
- An individual with whom the person resides or has resided
- An individual with whom the person has or had a dating relationship
- An individual with whom the person is or has engaged in a sexual relationship
- An individual to whom the person is related or was formerly related by marriage
- An individual with whom the person has a child in common
- The minor child of an individual described above
‘Dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional involvement. ‘Dating relationship’ does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.
Child Witnesses to Domestic Violence
Current Through April 2016
Circumstances That Constitute Witnessing
This issue is not addressed in the statutes reviewed.
Consequences
This issue is not addressed in the statutes reviewed.