FLORIDA
CHILD ABUSE LAWS: What Every Parent Absolutely
Needs to Know
(and Never Forget)
by Trudie Poole, Founder/CEO, Heritage
Family Preservation Center
(Continued
from Previous Page)
Everyone
is familiar with the rise in abuse cases and we're horrified by them,
and will not ever consider being involved in such a sad and devastating
tragedy. And yet, unknowing and without intent we could be, and we are.
If you wonder how this could be, it can happen just by simply leaving
children with a teen baby sitter that lacks experience to handle emergencies,
by allowing our selves to become too emotional about a persistent situation
that we cannot control, by not having a readily available support system,
by not understanding the laws that affect how we handle our children,
or by leaving children with an elderly or ill person. Heightened awareness
and educational forums are the key to stopping such incidents from happening.
Our
child welfare system, namely the Florida Department of Children and
Families Services, has the right by law (state statute) to remove children
who are determined to be in imminent danger. They are mandated to err
on the side of safety for the sake of the child because of the number
of serious injuries and deaths.
As parents of tomorrow's leaders, we must accept our role in solving
the problem through awareness, education, resources, and support. When
you hear the words "abuse allegation," do you shy away, do
you listen to the story and offer support, or do you mumble a few polite
words, and move quickly away?
Without question, it is quite an uncomfortable situation, and if you've
had no dealings with the state - and have no knowledge of the laws you
may not know what to do or say.
Out of 100 cases, 95 could have been helped through community-based
services: crisis intervention, resource development, community involvement,
life skills training, and family support networks.
This information is not to frighten or attempt to tell parents how to
rear their own children - it is simply information to help families
stay safe, healthy, and together.
What
we mentioned here is only the tip of what occurs in our communities
on a daily basis - we only hear about the most horrendous cases. Other
areas for concern, and in need of community awareness, and parent skills
training, are: (1) leaving small children in your vehicle while you
run into the grocery or drug store for a few minutes; (2) teen fathers
or the mother’s boyfriend baby sitting; (3) older children baby
sitting who are emotionally younger than their chronological age; (4)
leaving a group of children (of any age) home without adequate supervision
or periodic check.
For
your information, lets take a look at a portion of the Protection from
Abuse and Neglect Statute. Harm to a child's health or welfare can occur
when the parent or other person responsible for the child's welfare:
inflicts, or allows to be inflicted, upon the child physical, mental,
or emotional injury.
In
determining whether harm has occurred, the following factors must be
considered in evaluating any physical, mental, or emotional injury to
a child: the age of the child; any prior history of injuries to the
child; the location of the injury on the body of the child; the multiplicity
of the injury; and the type of trauma inflicted. Such injuries includes,
but are not limited to:
(1) Willful acts that produce the following specific injuries: (a)
Sprains, dislocation, or cartilage damage; (b) bone or skull fractures;
(c) brain or spinal cord damage; (d) intra cranial hemorrhage or injury
to other internal organs; (e) asphyxiation, suffocation, or drowning;
(f) injury resulting from the use of a deadly weapon; (g) burns or
scalding; (h) cuts, lacerations, punctures, or bites; (i) permanent
or temporary disfigurement; and (j) permanent or temporary loss or
impairment of a body part or function.
(2)
Purposely and willfully giving a child poison; alcohol, drugs, or
other substances that substantially affect the child's behavior, motor
coordination, or judgement or that result in sickness or internal
injury. For the purpose of this subparagraph, the term "drugs"
means prescription drugs not prescribed for the child or not administered
as prescribed, and controlled substances.
(3)
Leaving a child without adult supervision or arrangement appropriate
for the child's age or mental or physical condition, so that the child
is unable to care for the child's own needs or another's basic needs
or is unable to exercise good judgement in responding to any kind
of physical or emotional crisis.
(4)
Inappropriate excessive harsh disciplinary action that is likely to
result in physical injury, mental injury as defined in this section,
or emotional injury. The significance of any injury must be evaluated
in light of the following factors: the age of the child, any prior
history of injuries to the child, the location of the injury on the
body of the child, the multiplicity of the injury, and the type of
trauma inflicted. Corporal discipline (spanking) may be considered
excessive or abusive when it results in any of the following or other
similar injuries: (a) Sprains, dislocations; (b) bone or skull fractures;
(c) brain or spinal cord damage; (d) intra cranial hemorrhage or injury
to other internal organs; (e) asphyxiation, suffocation, or drowning;
(f) injury resulting from the use of a deadly weapon; (g) burns or
scalding; (h) cuts, lacerations, punctures, or bites; (i) permanent
or temporary disfigurement; (j) permanent or temporary loss or impairment
of a body part or function; and (k) significant bruises or welts.
