Federal and State of Tennessee Definitions Of Child Abuse And Neglect

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.

 

Tennessee Code Title 37. Juveniles § 37-1-102

(1) “Abuse” exists when a person under the age of eighteen (18) is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability or physical or mental condition caused by brutality, neglect or other actions or inactions of a parent, relative, guardian or caretaker;

(21) “Severe child abuse” means:

(A)(i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to cause serious bodily injury or death;

(ii) “Serious bodily injury” shall have the same meaning given in § 39-15-402(d) .

(B) Specific brutality, abuse or neglect towards a child that in the opinion of qualified experts has caused or will reasonably be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delay or intellectual disability, or severe impairment of the child’s ability to function adequately in the child’s environment, and the knowing failure to protect a child from such conduct;

(C) The commission of any act towards the child prohibited by §§ 39-13-502 — 39-13-504 39-13-515 39-13-522 39-15-302 39-15-402 , and 39-17-1005 or the knowing failure to protect the child from the commission of any such act towards the child; or

(D) Knowingly allowing a child to be present within a structure where the act of creating methamphetamine, as that substance is identified in § 39-17-408(d)(2) , is occurring;

What is child abuse?

According TN Law (T.C.A. § 37-1-102), “Abuse” exists when a person under the age of eighteen (18) is suffering from, has sustained, or may be in immediate danger of suffering from or sustaining a wound, injury, disability or physical or mental condition caused by brutality, neglect or other actions or inactions of a parent, relative, guardian or caretaker. Abuse can be physical, verbal, emotional or sexual.

Physical Abuse means any time a parent or caretaker hurts or injures a child on purpose. It also includes a parent or caretaker who fails to protect a child from a person who is hurting them. Physical abuse can seriously injure or even kill a child.

Physical Neglect means putting a child at serious risk of injury or illness by not adequately watching out for their safety, health and survival. Examples include:
• Abandonment
• Lack of supervision
• Life-endangering physical hygiene
• Lack of adequate nutrition, so the child doesn’t grow normally
• Lack of shelter
• Ignoring medical or dental needs, putting the child’s health in danger
• Not meeting a child’s basic clothing needs

In its most severe form, physical neglect may result in a child’s serious harm or death.

Sexual Abuse means touching or penetrating a child’s intimate parts, oral sex with a child, indecent exposure or any other sexual act performed in a child’s presence for sexual pleasure. It also includes using a child for prostitution and/or making child pornography. A parent or caretaker who fails to try to protect a child or stop sexual abuse by another person is also involved in child sexual abuse.

Emotional Abuse includes verbal assaults (insults and/or yelling), ignoring a child and constant fighting in the family. If a child is shamed and humiliated enough, they will begin to live up to the poor image communicated by the abusing parent or caretaker.