How To Get Your Children Back In Juvenile or Family Court
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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.
New Jersey
Definitions of Child Abuse and Neglect
Current Through February 2016
Physical Abuse
‘Abused child’ or ‘abused or neglected child’ means a child under age 18 whose parent, guardian, or other person having custody and control:
- Inflicts or allows to be inflicted upon such child physical injury by other than accidental means that causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ
- Creates or allows to be created a substantial or ongoing risk of physical injury to such child by other than accidental means that would be likely to cause death or serious or protracted disfigurement, or protracted loss or impairment of the function of any bodily organ
- Inflicts unreasonably or allows to be inflicted harm or substantial risk thereof, including the infliction of excessive corporal punishment or by any other acts of a similarly serious nature requiring the aid of the court
- Uses excessive physical restraint upon the child under circumstances that do not indicate that the child’s behavior is harmful to himself or herself, others, or property
Neglect
‘Abused child’ or ‘abused or neglected child’ means a child younger than age 18 whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent, guardian, or other person having custody and control, to exercise a minimum degree of care:
- In supplying the child with adequate food, clothing, shelter, education, medical, or surgical care, although financially able to do so or although offered financial or other reasonable means to do so
- In providing the child with proper supervision or guardianship
Sexual Abuse/Exploitation
The terms ‘abused child’ or ‘abused or neglected child’ include a child under age 18 whose parent, guardian, or other person having custody and control commits or allows to be committed an act of sexual abuse against the child.
Emotional Abuse
The terms ‘abused child’ or ‘abused or neglected child’ include a child under age 18 who is in an institution and:
- Has been placed there inappropriately for a continued period of time with the knowledge that the placement has resulted or may continue to result in harm to the child’s mental or physical well-being
- Who has been willfully isolated from ordinary social contact under circumstances that indicate emotional or social deprivation
Abandonment
Citation: Ann. Stat. § 9:6-8.21
The terms ‘abused child’ or ‘abused or neglected child’ include a child under age 18 who has been willfully abandoned by his or her parent, guardian, or other person having custody and control.
Standards for Reporting
Citation: Ann. Stat. § 9:6-8.10
A report is required when any person has reasonable cause to believe that a child has been subjected to child abuse.
Persons Responsible for the Child
‘Parent or guardian’ means any natural parent, adoptive parent, resource family parent, stepparent, paramour of a parent, or any person who has assumed responsibility for the care, custody, or control of a child or upon whom there is a legal duty for such care.
Parent or guardian includes a teacher, employee, or volunteer, whether compensated or uncompensated, of an institution who is responsible for the child’s welfare and any other staff person of an institution, regardless of whether or not the person is responsible for the care or supervision of the child. Parent or guardian also includes a teaching staff member or other employee, whether compensated or uncompensated, of a day school.
Exceptions
No child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for this reason alone, be considered to be abused or neglected.
Definitions of Domestic Violence
Current Through August 2017
Defined in Domestic Violence Civil Laws
This issue is not addressed in the statutes reviewed.
Defined in Child Abuse Reporting and Child Protection Laws
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
‘Domestic violence’ means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:
- Homicide
- Assault
- Terroristic threats
- Kidnapping
- Criminal restraint
- False imprisonment
- Sexual assault
- Criminal sexual contact
- Lewdness
- Criminal mischief
- Burglary
- Criminal trespass
- Harassment
- Stalking
- Criminal coercion
- Robbery
- Contempt of a domestic violence order that constitutes a crime or disorderly persons offense
- Any other crime involving risk of death or serious bodily injury to a protected person
- Cyber harassment
When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute ‘domestic violence’ but may be the basis for the filing of a petition or complaint pursuant to the provisions of § 2A:4A-30 (Juvenile Justice Code).
Persons Included in the Definition
‘Victim of domestic violence’ means a person protected under this act and shall include any person who is age 18 or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member.
‘Victim of domestic violence’ also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. ‘Victim of domestic violence’ also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
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.
Parental Drug Use as Child Abuse
Current Through April 2015
This issue is not addressed in the statutes reviewed.