How To Beat An Acs Case? Top Answer Update

The powers of social services were again brought to the attention of the public. This follows the case of a nurse whose one-year-old child was taken away from her by social services. It was reported that a social worker raised concerns about how the mother allowed her son to sit on a Bob the Builder toy car.

The Children Act 1989 obliges social services to provide services to promote and safeguard the well-being of children. It is a duty of social services to ensure that children are not exposed to significant harm.

Some elements in the media seem to indicate that social services are removing children for reasons that are often described as trivial. Unfortunately, there are times when social services have no choice but to remove the child from parental care to prevent significant harm to the child.

In an emergency, the municipality can apply to the court for an emergency protection order to remove the child from parental care. However, unless the matter is urgent, in the overwhelming majority of cases, social services will have intervened with the family long before a child’s removal is considered.

At an earlier stage, the child may have been included in either a child in distress plan or a child protection plan.

The social services will try to help the families as much as possible in the hope that care procedures can be avoided. If the local authority is seriously considering starting a proceeding, they may call a pre-trial meeting (sometimes referred to as a PLO meeting) to see what can be done to help the family, work with the parents, and to see if changes can be made in the order to avoid procedures.

Thereafter, if the child remains at risk and the issues cannot be resolved, the local authority may initiate custody proceedings and the court will ultimately make the decision on whether to approve a plan to remove a child from parental care.

The priority of social services must be the child and they must take the necessary steps to protect the child.

The powers of social services have always existed and are likely to continue to be questioned by the media and the public. Social services’ opinions are not supported by the media, which may confuse and oversimplify the stories they publish.

What the media sometimes fails to illustrate is that social services will rightly have significant concerns. In the above case, the newspapers go on to explain that the social worker had concerns about the mother’s ability to meet the child’s basic needs.

The role of social services and government intervention in family life is likely to remain a hot topic and continue to divide public opinion.

Can social services take my child away?

Social services typically only remove a child from parents when they believe the child is at risk of harm or neglect under the current circumstances. You have a responsibility to investigate any complaints or concerns reported to you.

If you have concerns about potential or existing court orders, so-called emergency or temporary care orders, to remove your child or children, our team can provide you with expert advice. You may contact us for more information.

Conclusion – When Would Social Services Take A Child Away?

A court order, known as an emergency shelter order, is required for social services to take a child away from parents unless there are immediate concerns about the child’s safety. In this case, a child can be removed by the police and placed under police protection for up to 72 hours. You should be informed by the local authority of an application for an Emergency Response Order to ensure that you can be represented at the hearing unless the circumstances are exceptional.

By Victoria Bailey and Victoria Gethin in the Family Law Department

The credibility and reliability of child testimony is particularly important in cases where children are called as key witnesses in court proceedings, such as B. in cases of sexual abuse or custody cases. Although children are expected to tell truthful statements about certain events, children can also make false statements in these situations for a variety of reasons, and research suggests that adults are relatively poor at spotting such lies. Consequently, despite younger children’s difficulties in effectively concealing their verbal and non-verbal misleading behavior, these may not be readily recognized by adults. Only with extensive training are adults able to discriminate verbal utterances of a lie or a fortune teller at rates above the level of chance. Adults’ ability to spot children’s lies is influenced by the child’s developmental level, with younger children having difficulty maintaining the veracity of their statements during subsequent questioning. Although subtle differences are noted in children’s non-verbal behavioral expressions when they are in a situation where they are lying or telling the truth, these variances are small and difficult to detect, even for professionals whose job it is to spot a liar recognize. A credible rating system is needed to uncover the lies of young children, especially given related factors such as coaching and truth initiation. As more research is conducted to uncover children’s deception, the complexity of the relationships between children’s developmental age, adult prejudice, and cognitive control of one’s verbal and nonverbal expressive behaviors will provide a pathway toward accurate detection of children’s lies by professionals and laypeople alike sketch how.

child deception

Extensive research has been conducted on children’s unintentional false reports due to repeated or suggestive questions, children’s memory of events, and children’s ability to distinguish fact from fantasy. Less attention, however, has been given to children’s willful and intentional false reports – that is, reports that the individual knows are untrue, but made with the conscious aim of deceiving others. Children may hide or fabricate an account of an alleged event at the behest of an adult, or because they are afraid of the repercussions their truthful statement might have, such as B. Upset or disappointment in loved ones.

In general, children lie for the same reasons as adults: to avoid punishment or negative consequences, for personal gain, to protect their own self-esteem, to conform to social conventions of politeness, or to spare the feelings of others. Children’s lying behavior emerges in the preschool years, with lying to avoid punishment being among the first types of lies children tell. Even so, young children’s ability to deceive is not very good. Their first lies are usually false denials or brief verbal responses (e.g., “No, I didn’t do it”). By school age, children become better able to work out and sustain their lies over longer periods of time. There is evidence that children’s lying abilities are related to their improved cognitive understanding of the mental states of others and their inhibitory control. Additionally, as children grow older, they may naturally lie for a variety of motives. Deciding to lie requires an analysis of the costs and benefits of telling the truth versus lying. School-age children lie for the benefit of others (e.g., a parent) when they perceive that doing so has negative consequences for the other and little cost to their self-interest. In circumstances where the consequences of telling the truth could be very negative, children may be more inclined to lie as a tactic to avoid those consequences. Additionally, some research suggests that when children are in a hostile environment where they perceive that there are similar negative outcomes to whether they are caught in a lie or telling the truth, they are more likely to lie and be persuasive Liars are old age, even at a young age.

When telling a lie, it’s important to be a convincing liar in order to avoid detection. It is therefore important to control one’s verbal and non-verbal expressive behavior. Liars need to make sure what they say and how they present themselves don’t contradict each other. If you’re lying about a misdeed, you don’t want to appear nervous or dodgy in order to arouse suspicion from your interrogator or others. Likewise, they will want to ensure that any verbal statements they make do not contradict their initial lie or reveal information that might lead others to disbelieve their claims. Therefore, lie tellers must control both their verbal and non-verbal expressive behavior to avoid detection by others. According to studies examining the detection of misstatements in children, adults use such verbal and non-verbal cues to differentiate between truthful and misleading statements made by children. There are two measurement techniques used to detect deception by children: either adults are asked to spot lies by watching video clips of reports from liars and fortune tellers, and making judgments about the truthfulness of each report or the occurrence and frequency of honest and dishonest behavior are compared to the dozens of liars and fortune tellers.

recognize deception

Investigations into the detection of children’s truth and lying behavior have been carried out in both laboratory and field studies. Laboratory studies have typically used one of two methods to detect deception. In the first, children are asked to make a false report about an event. These reports are examined using one or both of the following measurement techniques: trained coders monitor the reports for behavioral markers, or video clips of the children’s reports are shown to adults who are asked to distinguish between truth tellers and lie tellers. This methodology enables investigation of children’s false reports of specially designed events that may correspond to legally relevant situations, such as: B. Children reporting on a medical exam. However, such reports can be unnatural as children are instructed to lie or “fake”, thereby deviating the act of lying in these cases from very little perceived consequence and therefore from certain real-world situations. In the second commonly used laboratory-based methodology, naturalistic situations are created in which children can spontaneously lie about an event, such as: B. A violation (e.g. looking at a prohibited toy). Video clips of children’s behavior in these situations are used to establish the veracity of their claims. In these naturalistic lying situations, children may have greater motivation to lie because of the perceived increased risk of consequences of the situation (e.g., being caught), and therefore have greater ecological validity. However, current laboratory procedures tend to create situations in which children produce only brief oral reports, and the situations created do not necessarily resemble the types of reports found in the legal system. Field study reports, another methodology, use children’s actual accounts of events (eg, sexual abuse) to analyze testimonies for signs of deception. This methodology has the advantage of being realistic and ecologically valid as actual forensic reports are used. However, unlike other methods where it is known with certainty that the child is lying, it is impossible to know with certainty which reports are fabricated and which are true.

Nonverbal deception cues for children

Research has found that when children lie, they reveal subtle signs of their deception in their non-verbal expressive behavior compared to truth-tellers. For example, in some cases, children have wider smiles. However, in other circumstances, lie-tellers have been found to exhibit more negative expressive behaviors than truth-tellers. Other behavioral characteristics of a liar include non-face cues such as hand and arm movements, leg and foot movements, and more pauses in speaking. Depending on the situation, children may display different behavioral cues about their deception due to feelings of guilt, fear, or excitement. While these behavioral cues are noted, there are no typical signs of deception in all situations, and any differences found between the nonverbal expressions of liars and truth tellers are subtle and only recognized by trained programmers looking for such differences.

Age differences in children’s ability to control their nonverbal expressive behavior in a potentially deceptive situation have been revealed in some studies involving adult observers of this behavior. In particular, there is evidence in the research literature that the lies of younger preschool and early elementary school children are easier to detect than those of older children or adults. As children get older, they have more muscular control and may be better able to control and suppress nonverbal behavioral cues of their deception. In other types of studies, however, it has been found that observers recognize even small children’s deception at the random level. Studies that detected infant cheating tended to use methods in which children were instructed to lie about an event. In studies where children lied spontaneously, adult observers could not even discern deception in preschool children based on their nonverbal expressive behavior. Additionally, studies placing children in simulated courtrooms have found that mock judges were unable to distinguish between truthful and fabricated accounts by children. In these studies, discriminatory signs of children deceiving compared to truth tellers may be masked by the nature of these anxiety-provoking situations. It has been found that both laypeople and professionals whose careers focus on detecting deception (e.g. police, customs officials, social workers, judges) have difficulty distinguishing child diviners from lie-tellers. Thus, in general, children’s deception in naturalistic lying situations is not easily detected based on their nonverbal behavior.

Evidence of verbal deception in children

Overall, research has found that adults may be more successful at analyzing children’s verbal cues than their non-verbal cues of deception in spotting a liar. Studies examining children’s spontaneous lies have found that children under the age of 8 are not very adept at sustaining their lies in their subsequent verbal utterances. When asked follow-up questions, children tend to reveal information that implicates them in their deception. As a result, studies have found that adults can spot young children’s lies by children’s inability to sustain their lies in their verbal utterances. As children grow older, into the later elementary school years, their ability to sustain their lies through extended verbal interactions and statements increases. As a result, older children’s verbal deception is harder to spot than younger children’s, and adults have difficulty distinguishing misleading statements from truthful ones.

The ability to verbally deceive may be related to the increased cognitive load required to sustain a lie beyond the initial verbal statement. This requires assessing the lie receiver’s knowledge and strategically adjusting one’s message to persuade while also remembering what one said previously. So it seems that as cognitive sophistication increases, older children are better at maintaining their lies using verbal lick control.

The most widely used technique for measuring the truthfulness of children’s verbal utterances analyzes components of the language content for certain distinguishing features. The Criteria Based Content Analysis (CBCA) technique was developed to determine the credibility of reports of child sexual abuse. CBCA is a systematic assessment technique that uses transcripts of children’s accounts. Coders report the presence or absence of 19 criteria believed to be present in reports of actual events. The method is based on the Undeutsch hypothesis (formulated by the German psychologist Udo Undeutsch) that a statement derived from the memory of an actual experience differs in content and quality from a statement based on the imagination. Field research using the CBCA assessment found that the truthful reports of child sexual abuse received higher scores than those believed to be fake. Laboratory studies using CBCA have also found differences between lie-tellers and fortune-tellers. For example, truth tellers included more detail in their reports than did lie tellers. Although only small differences were found and differences in the criteria distinguishing between true and false accounts by children, CBCA studies achieved higher accuracy rates in detecting true and fabricated accounts than nonverbal studies. Although accuracy rates for CBCA analysis generally vary, this method has proven to be the most successful in detecting children’s made-up accounts, with most rates well above the level of chance.

There are several caveats to the CBCA technique, particularly for use with testimonies from young children. First, it is not clear that the CBCA can accurately distinguish between the true and fabricated accounts of very young children. Some criteria may not be included in the made-up accounts of very young children, either because of their cognitive complexity or lower language proficiency, which may make the accounts of younger children difficult to classify. Additionally, using the CBCA criteria, reports of events known to the child are more likely to be considered true statements than reports of events unfamiliar to them.

Therefore, truthful reports of unknown events may not result in high CBCA scores compared to reports that children are familiar with from repeated experiences or from talking about the situation, whether or not the events reported actually happened. Finally, this technique requires trained programmers to spot differences in children’s true and false reports. Studies that have trained laypeople to use CBCA have found mixed results in terms of improved lie detection accuracy. Accordingly, detected differences are not readily recognized by laypeople, and use of the CBCA technique may require extensive training before accurate detection is achieved.

other factors

A number of other factors can either aid or hinder the detection of child deception, and as more research is conducted in this area, more factors may be uncovered. Children’s lies can be more sophisticated when an adult guides the child in lying and helps him prepare his false statements. Coaching can help children tell more convincing lies and sustain their lies over repeated questioning. Conflicting statements uncovered through the use of follow-up questions are less likely to be uncovered when children are coached on what to say. Coaching is of particular importance in legal cases because when children lie in court, chances are they have been coached by an adult close to them to conceal or fabricate certain information. The few studies that have looked at this issue have found that children who are coached to cheat are not easily spotted. Additionally, children under the age of 7 who have been coached in preparing their lies are able to keep their verbal misleading reports consistent.

Another factor that can help adults uncover children’s deception is instruction from the interviewer about the importance of telling the truth (sometimes called “truth induction”). Research has found that asking children about their understanding of truth and lies, and promising children to tell the truth before being questioned about a critical event, helps adults understand children’s lies and truth with accuracy recognize that is above the random level. In these circumstances, adults may be better able to recognize children’s nonverbal deception signals, which may become more noticeable due to children’s guilt or conflicting emotions after promising to tell the truth and then lying.

Adults’ prejudices are another factor that can contribute to their perception of a particular child as a liar, and thus plays a role in adults’ overall detection accuracy. For example, boys are more likely to be perceived by adults as lie tellers than girls. Conversely, adults tend to have a truth bias in generally believing that children are telling the truth. Females in particular are more likely to perceive children as truthful than male adult detectors. Finally, some evidence suggests that those who are experienced in dealing with children in their daily lives (e.g., parents, educators, childcare workers, etc.) are better at detecting children’s lies than those who have comparatively little experience with children.

No real research has been done on children lying in high stakes situations where the consequences of being caught are severe, making them similar to real-life cases. Most studies had no consequences for the child at all (i.e., when the child is instructed to lie). The most serious high-stakes situations in which children’s lying behavior has been studied involved denying a relatively minor real-life infraction, e.g. E.g. staring at a prohibited toy or the child or their parents touching a toy. It may be that in situations where the consequences for the child are felt to be very serious (e.g. being taken from a close relative), the motivation to lie convincingly may be greater, thereby discouraging the child’s lies are harder to detect.

References:

Akehurst L, Bull R, Vrij A, & Kohnken G (2004). The impact of training lay professionals to use criteria-based content analysis to detect deception. Applied Cognitive Psychology, 18, 877-891. Goodman, G.S., Myers, J.E.B., Qin, J., Quas, J.A., Castelli, P., Redlich, A.D., et al. (2006). Hearsay versus child testimony: Effects of true and misleading testimony on jury decisions. Law and Human Conduct, 30, 363-401. Granhag, P.A. & Stromwall, L.A. (eds.). (2004). The detection of deception in forensic contexts. New York: Cambridge University Press. Leach, A.-M., Talwar, V., Lee, K., Bala, N., & Lindsay, R.C.L. (2004). “Intuitive” lie detection of deception of children by law enforcement officers and university students. Law and Human Conduct, 28, 661-685. Talwar, V., & Lee, K. (2002). Development of lying to cover up a transgression: the child’s control of expressive behavior in verbal deception. International Journal of Behavior Development, 26, 436-144. Talwar, V., Lee, K., Bala, N., & Lindsay, R.C.L. (2006). Adult judgments on coached reports from children. Law and Human Conduct, 30, 561-570.

See also:

Protect yourself legally during a CPS home visit

It’s one of the most stressful things a parent can endure: a CPS visit. You may have an appointment or your CPS social worker may have shown up unexpectedly. The best thing to do during an investigation is to know how to prepare for it.

Even the best of parents can feel overwhelmed when visiting a social worker. It’s intimidating and stressful when a stranger walks into your home to essentially assess whether or not it’s right for your kids. Although you give your children everything they need, a social worker can make you feel like you’re never doing enough.

Parents should know what social workers look for when making a home visit. This way, the visit becomes less stressful and parents are less likely to make small mistakes. The most important thing that both parents and social workers want is for children to be safe and happy. Here are 5 things CPS looks for on a home visit.

Also read: How Child Benefit Affects Your Taxes

How to prepare for a CPS home visit

Prepare to answer some (possibly) uncomfortable questions. Usually, CPS is called because there are concerns about a child’s safety. This could mean a bad public fight with your child, even for a neighbor who’s worried you can’t pay the rent.

Rate the reason or incident that led to CPS engaging. Take some time to reflect on your personal choices and your parenting tactics. ask yourself:

How to discipline your children

Is the discipline effective but safe

Meet all your children’s needs

Are there more effective ways for you to do these things?

Parents are only human. You can make mistakes just like everyone else when it comes to parenting. Take some time to think about home security and parenting.

Your CPS representative will ask questions about your upbringing. Remain lowbrow, even if the questions seem ridiculous like, “Have you ever hit your child to discipline them?” Also make note of when they were last sick, when they went to the doctor, and what injections they received.

Also Read: What CPS Can and Can’t Legally Do in Investigations

5 things social workers look for when making a home visit

Aside from the family dynamic being stable and secure, your CPS will be looking for a few other things as well. Your CPS worker needs some space and a distraction-free area to talk to you. Make sure you have set up a room for this interview. During the interview, your social worker will look for:

The environment

Have you created a space where you and your CPS social worker can talk privately? This room needs to be relatively clean and free of distractions such as a TV. Your home doesn’t have to be spotless, but it should be tidy before CPS comes along. Most importantly, your home is safe.

Above all, there should be room for your children. In addition to food, water and shelter, children also need to have fun. The social worker searches for toys or other items belonging to your children. Don’t panic if your child’s room is a little messy, the social worker is just making sure they have a livable space in your home.

Other dangers

Aside from ensuring you have a clean and livable space, your social worker will also check that your home is free of hazards. Make sure there is nothing that could make your home dangerous. This could mean cords tucked away and unused outlets covered. This includes things like loose steps being repaired immediately. Any trip, fall, electrical and safety hazards should be considered.

Make sure anything that could harm your children is kept safe and locked away. This contains:

detergents and cleaning agents

pest control products

other chemicals

Power tools and other devices

Prescription drugs

alcohol

weapons

As well as making sure your home is safe, the CPS social worker will make sure you have some preventive measures in place. This includes locks on your garage, attic or basement if they are unsafe for children. All smoke detectors should also work properly and you are prepared for emergencies.

illegal activity

There should be no illegal substances in your household. Alcohol or other harmful substances must be locked away and kept out of the reach of your children.

Your social worker will look not only for signs of your personal use of illegal substances, but also for signs that illegal substances are being made, bought, and sold.

basic needs

Your CPS social worker will look at the condition of your pets. All of your pets should be properly fed, bathed, and acclimated. A pet can be a telltale sign that your home is unsafe. If your pet has ticks, fleas, or signs and smells of animal excrement, your home could be viewed as incredibly dangerous for your children.

Above all, the basic needs of your children must be met. So make sure your fridge and pantry are full enough to feed your whole family. Wherever food is stored, it should also be clean and stocked with relatively healthy options. Children should also have toys to play with and proof of being in school when they are old enough.

Also read: Can CPS take your child because of no school?

Your relationship with them as a parent

In most cases, CPS employees just want to make sure your children are safe and that you are on good terms with them. The social worker will ask some fairly basic questions about what they like and dislike. Let them know what a normal day looks like for your family and how you connect with them.

CPS may speak to your children alone. Make sure you prepare them too. You don’t have to lie about anything, but you shouldn’t fear the social worker either.

What to do if your children are illegally removed

A social worker is unlikely to pick up your children on the first visit. Unless your home poses an immediate danger to your children, it is rare for CPS to take your children away after a visit. However, it can happen when the house puts your children in imminent danger.

If your home is safe and you feel that your caseworker has been a bit harsh on your situation, you can always call a family law attorney to see how you should proceed. You may have had a day off or you feel your case worker discriminated against you. To find a family lawyer in your area, call the number at the top of your screen.

Also Read: How to Report an Unethical CPS Worker

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How and where do I report child abuse and/or mistreatment?

Reports of suspected child abuse or maltreatment should be made promptly — any time of day, any day of the week — by telephone to the New York Statewide Central Register of Child Abuse and Maltreatment (sometimes referred to as the State Central Register of Child Abuse and Maltreatment Register, or SCR). The phone numbers are: Child Abuse Hotline:

1-800-342-3720 The child protection specialist who takes your call will ask for as much information as you can about both the alleged abuse or mistreatment and the family you are calling about. Below are examples of some of the questions the child protection specialist might ask you when you call. Even if you have very little information available, please call the SCR. The specialists will analyze the information you have and determine whether it is sufficient to file a complaint. What is the nature and extent of the child’s injuries or risk of harm to the child?

Were there any previous suspected injuries to this child or his siblings?

What is the name, address and age of the child?

What is the name and address of the parent or other legally responsible person who caused the injury or created the risk of harm to the child?

What are the names and addresses of the child’s siblings and parents if they differ from the information provided above?

Do you have any information on the child’s treatment or the child’s current whereabouts?

Where can I find the laws on child protection services and social services?

New York State has two statutes dealing with child abuse and child abuse in the family context. These are the Social Services Act (SSL) and the Family Court Act (EZG). In addition, some acts of child abuse and maltreatment are criminal offenses as well. For more information on criminal offenses related to child abuse and maltreatment, you should contact your local police or prosecutor’s office, or consult the Criminal Code. Title Six of Article Six of the Social Services Act, specifically sections 411-428, define child abuse and maltreatment. The law also establishes the roles and responsibilities of the Office of Children and Family Services (OCFS) and local Departments of Social Services (LDSS) in relation to investigations, findings and records related thereto. Article 10 of the Family Courts Act, specifically Section 1012 of the FCA, defines child abuse, maltreatment and other key terms commonly used in investigations and reports. These two sections of law can be found on the New York State Legislature website. Select the “Laws of New York” link and scroll down to the “S” section for Social Services Law. Then look for Title Six of Article Six. A similar process will allow you to find the relevant sections of the Family Courts Act.

New York State and the New York State Child Protection System recognize certain professionals who play the important role of designated reporters of child abuse or maltreatment. These professionals may be subject to both civil and criminal liability if they willfully fail to report. Professions include: Social worker

Licensed Creative Arts Therapist

Licensed Marriage and Family Therapist

Licensed Mental Health Counselor

Licensed Psychoanalyst

physician

The surgeon

dentist

dental hygienist

chiropractor

podiatrist

coroner

coroner

osteopath

optician

resident

Internal

Registered Nurse

Registered medical assistant

psychologist

Mental Health Professional

Substance Abuse Counselor

Alcoholism Counselor

peace officer

District Attorney or Deputy District Attorney

police officer

Investigator employed by the district attorney’s office or other law enforcement officer

school official

social worker

Christian Science practitioners

Hospital staff involved in the admission, examination, care or treatment of persons

Any staff member or volunteer in a youth residential program or any other child care worker or carer

Daycare worker

Providers of day care for families or group families

Emergency Medical Technicians (EMTs) Please note that this list may have changed since this website was last updated. The current list is in Section 413 of the New York State Social Services Law. Mandated reporters are required to report cases of suspected child abuse or child maltreatment only if they have a reasonable suspicion of child abuse or child maltreatment in their professional role.

What happens after I make a report?

The Child Protective Service (CPS) unit of the local Department of Social Services must begin an investigation of each report within 24 hours. The investigation should include an assessment of the safety of the child named in the report and all other children in the household, and an assessment of the risk to the children if they remain in the household. CPS may place a child in protective custody if necessary to protect them from further abuse or mistreatment. Based on an assessment of the circumstances, CPS can provide appropriate services to the family. The CPS Clerk has the duty and authority to apply to Family Court for benefits if they are necessary for the care and protection of a child. CPS has 60 days from receipt of the report to determine whether the report is “reasonable” or “unfounded”. The law requires CPS to notify parents or others affected by the report in writing of their rights under the New York State Social Services Act. The CPS investigator will also inform the SCR of the findings of the investigation.

What rights do I have if I am named in a report?

If you are suspected of being the subject of a report, your County Child Protective Services (CPS) office is required by law to notify you in writing of the report. You are entitled to a copy of the report, however, any information relating to the identity of the source and any information about those who participated in the investigation will be redacted if the release of such information reasonably jeopardizes the safety of that individual could. You can request a copy of the records of the SCR by writing to: State Central Register

PO box field 4480

Albany, NY 12204 Investigation finds either the report is baseless or appropriate. If the notification is unfounded, you will receive a written notification from the state central register. When the report is viewed, you will receive written notification from the local CPS (or investigating agency). This notice also informs you of the right to appeal the investigating authority’s decision to view the report.

How do I find out whether there is information about me in the state central register file? How can I have my name removed from the nationwide central registry file?

Persons who are victims of reports of child abuse or maltreatment are entitled to a copy of information concerning them on file with the Statewide Central Register (SCR). Write to: State Central Register

PO box field 4480

Albany, NY 12204 Please include your full name, date of birth, the names and dates of birth of your children, and the address where you lived at the time you believe you were reported. If you know the case ID, please include that information in your letter. Depending on the circumstances, you may still have the legal right to request that the report be modified or deleted (destroyed). Submit your request in writing to the SCR at the above mailbox, stating the reasons.

What can I do if someone has filed a false child abuse or maltreatment report against me with the National Central Registry?

The New York State Office of Children and Family Services takes false reports about child abuse and maltreatment very seriously. Both the acceptance of the false report and the subsequent investigation are a misuse of valuable resources earmarked for the care and protection of New York State’s vulnerable or at-risk children. Under New York State Penal Law Section 240.50, falsely reporting an incident to the State Central Register is a Class A misdemeanor. If you are the victim of a false report, you should contact your local police department or the Attorney’s Office (depending on your jurisdiction) Contact to discuss available options.

From what age can I leave my children at home alone?

OCFS are often asked questions about the appropriate age to leave a child alone or what age to allow a child to start babysitting. There are no easy answers to these questions. All children develop at their own pace and with their own special needs and abilities. Some children are responsible, intelligent, and independent enough to be left alone by the age of 12 or 13. Likewise, there are some teens who are too irresponsible or have special needs that limit their ability to be safe when left alone. Parents and guardians need to make intelligent, reasoned decisions about these matters. Consider the child: How mature is the child? How comfortable is the child with the circumstances? What has the child done in the past to show you that they are capable of taking on this type of responsibility?

Consider the child’s knowledge and skills: Does the child know how and when to contact emergency help? Can the child prepare their own food? Are there any hazards for the child in the area, such as accessible knives, power tools, a stove or oven?

Consider the circumstances: where will the child be when left alone? How long should the child be alone? The same questions should be asked when considering whether a child is old enough to babysit. However, when considering a child as a suitable babysitter, you must evaluate these factors for both the prospective babysitter and the needs of the child or children that the babysitter will be caring for. A 12-year-old can get by on their own for two hours in an afternoon. However, there may be times when the same child is unable to provide responsible care for a 5-year-old child for the same period of time.

What visitation rights do grandparents have?

What questions will a social worker ask my child? There are many reasons a social worker may need to see your child. One of these reasons could be due to concerns about the safety of the child. Someone may have called Child Protection Services after seeing you yell at your child.

In this article, I will share the most common questions a social worker will ask a child about child protection issues. Hopefully this will allay your fears about what a social worker might ask your child.

1. How are you?

This question is a common opening question to build a relationship with the child. After this first question, the social worker could build a better relationship by using toys and various tools to encourage a child to feel relaxed around them.

What questions does a social worker ask?

2. What do you think about mom/dad?

This question is designed to evoke some of the child’s emotions. This can be done through a variety of methods such as B. the kit bag recommended by Gillian Ruch. Using cards and finger puppets, this helps a child express the emotions they may be feeling. Children often don’t have the emotional vocabulary to verbalize their emotions. Using such toolkits makes it easier for them to express themselves.

This can also be difficult for social workers. It can be emotionally painful to hear about the experiences of hurt children. Drawing boundaries is important.

3. Has mom or dad ever done something you don’t like?

This is a question that moves into the plausible problem areas of physical and verbal abuse. This is often difficult to explore because children have different perspectives on a child’s actions. Children also often take things personally, thinking that they are the reason for their parents’ outburst.

Finally, a social worker could take some time to investigate this issue further to ensure the child’s safety. This question can be phrased in a number of ways, such as:

Has mom or dad ever scolded you?

Have you ever been hit by mom or dad?

Conclusion

In conclusion, I hope that you can find more peace in this process. Amidst all the negative press surrounding social workers who are child thieves, removing a child is only a last resort.

If there is no cause for concern, this will usually not be the route to take. Worrying that a social worker will take your child away will only add more anxiety and stress to your child about what is happening. Normally, children can easily read their parents’ emotions and reflect them very often.

If you didn’t do anything wrong, don’t worry. If so, take the time to be honest and open with the social worker. Explain what happened and why it happened. It makes it easier for the social worker to understand how to help.

Raising a child is never easy. We all tend to get frustrated and raise our hands at a child. Admitting that we may need help is not a sign of weakness but a sign of strength.

Only in our weakness do we find strength.

If the Child Protection Service (CPS) is investigating you, it is because someone has made a complaint that your child is being neglected or abused.

CPS has a legal obligation to investigate complaints

CPS is required by law to investigate all allegations of child abuse that it receives, whether they are valid or false. These examinations can range from a simple interview to a full examination.

The officer will likely contact you within 72 hours of receiving the complaint.

What is abuse or neglect?

State laws define what constitutes abuse or neglect. In general, any physical, mental or sexual abuse during the child’s life will be subject to investigation by CPS. Some states also include in their definition of abuse acts that harm the child or pose a significant risk to the child’s health.

Neglect, on the other hand, is usually defined as the failure of a parent or guardian to provide adequate childcare. This can include:

Failure to provide food, shelter or medical care for the child

You will not find anyone (e.g. a daycare center or relatives) to look after your young child if you are not available to look after them

Don’t take your child to school (half of the states and DC have this rule)

No additional treatment required for children with special needs

What happens during a CPS investigation?

A CPS officer can take a number of steps upon receipt of a complaint. You can start with a home visit to talk to the child, the child’s parents, foster parents, or family members. The CPS worker may also physically examine the child for signs of abuse.

Another thing the case worker can do is look into the mental health, medical records, and criminal complaints of the child and the alleged abusers. This helps the case worker see if there is a history of substance abuse.

After the investigation, the case worker will determine whether there is sufficient evidence to conclude that the child was neglected or abused and CPS needs to intervene to ensure the child’s well-being.

If there is evidence of neglect, CPS can assign a social worker to work with you to develop a safety plan to ensure the child’s safety. This can include:

take parenting classes

Take drug tests and get help for drug-related problems

However, if the child is in imminent danger or you do not cooperate, the child protection officer can speak to the district attorney and file a petition with the court. The application may require the court to:

Provisional custody of the child

Placement of the child in foster families

An order requiring parents to participate in the safety plan

How long does a CPS case last?

Although it depends on the details of the case, CPS typically has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS must notify the parents and justify the delay.

How do I know if my CPS case is closed?

In most cases, you will receive a letter from CPS informing you that the case is closed. They usually send this letter within 90 days of the investigation. You can also contact CPS to see if your case is closed. Be sure to record your correspondence with CPS.

Get access to CPS records

In most cases, you have access to CPS records except for the person who made the allegations against you. Check your state’s laws for details on how to request access to CPS records and the court process.

How to get a CPS case closed

You have no legal obligation to work with CPS unless a court order is obtained. But if you want the case to be closed sooner or later, it’s best to work with CPS agents. This contains:

Provision of documents

Allow CPS into your home for inspection

Answering questions

If you want to close the CPS case, it’s best to do everything you can before the case goes to juvenile court.

You should remember that CPS staff are just people doing their jobs to ensure your child’s best interests are being protected. This means they do not want the child to be separated from their parents unless absolutely necessary.

How about when the court gets involved?

If the case worker believes the child is in imminent danger due to emotional or physical abuse, they can work with the city attorney and file a petition. The judge reviews the request and decides whether or not to remove the child from the home.

You can take the case to court if you disagree with the judge’s decision. At the court hearing, the judge may decide to take one or more of the following actions:

Instruct parents to work with social services on the case plan

Instruct the suspected perpetrator to leave the house

Arrange for the child to be removed and placed with a foster family or other relative

Appoint a guardian

Request the parent to pay child support

Reject the petition

State laws determine how the trial is conducted and when the trial is to take place. In most cases, however, the judge must find clear and convincing evidence before parental rights end.

Can a CPS case be dismissed?

The judge can dismiss a CPS case if he finds that CPS has not presented enough evidence to support the allegations. In such cases, CPS cannot proceed with its investigation unless the family consents.

How do you fight a CPS case?

If you believe CPS is falsely accusing you of child molestation, there are ways to take action. The first thing you can do is research your state’s laws so you can better understand the situation and how to protect yourself.

However, if your case is complicated or the case goes to court, it is best to consult an experienced attorney to get the best outcome for your case.

Additional Resources

An attorney can help you with your CPS case

CPS exams can be very stressful and you may worry about your family’s future. Although you are not legally required to hire a lawyer, it may be in your best interest to hire a lawyer as your child’s future may depend on it. Speak to a family law attorney in your area for answers and legal advice.

As a parent, you also have rights during Child Protective Services (CPS) investigations. Many parents do not know what CPS can and cannot do. Knowing what CPS is allowed by law can give you peace of mind during an investigation.

CPS taking children away is a frightening thought for any parent. If you’re under investigation, don’t panic. CPS social workers want to know the dynamics of the family and the conditions of the home. It is rare for CPS to intentionally attempt to defame or discriminate against parents. The last thing CPS wants is to take children away from their families.

However, parents should be aware of their rights during a CPS visit. There is much that CPS can and cannot do during a home visit. Parents who know their rights and what CPS is legally allowed to do will make CPS visits as stress-free as possible.

Also Read: Conservatorship vs. Guardianship FAQ

If you need to speak to a family attorney today, call (844) 934-2387 and press 2 when you hear the voice recording.

5 Things CPS Can Legally Do

A CPS investigation can take up to 18 months! During this time there are a few things CPS could try. If you are unsure whether CPS is lawfully conducting an investigation, you can always call an attorney for legal advice on the situation.

CPS must investigate every claim made, even if it is false

This is frustrating for many parents and carers as the claims could be completely falsified or taken out of context. However, investigating a claim is not a suggestion or a guideline – it is the law and every claim must be taken seriously. Nearly 5 children die from child abuse every day, so any claim will be treated with the utmost seriousness.

Regardless, parents should know their rights and how to behave during the investigation. Parents have the right to know any allegations made in the investigation. Oftentimes, many parents have made allegations against them that are true, but the parents are not trying to harm their children directly. Parents are human and make mistakes or have misunderstandings.

CPS social workers recognize that some claims can be explained by cultural, religious, or economic differences. This is also why CPS, when it believes parents have good intentions for their children, will offer parenting resources. CPS may also require that parents follow a care and action plan.

Also Read: How to Report Child Abuse Safely and Anonymously

CPS can talk to your child without your permission

This comes as a shock to many parents, but CPS can legally speak to your child alone. If the allegations of abuse are very serious, CPS may try to talk to your child before they talk to you.

Parents may question the legality of this, but it prevents children from being forced to say the wrong thing to protect abusers. Children may be threatened or worse by abusive parents, potentially leading to CPS investigations.

CPS social workers are trained to understand the complexities of any family dynamic. If parents are concerned their children are saying something that may offend them, remember that CPS social workers need not just look at the surface. If your social worker is using something out of context, consult an attorney about your legal options.

CPS can come to your home without notice

Unannounced visits are very common in cases involving extreme or violent allegations. Even if the claims aren’t all that serious, you may not know about an investigation until a CPS social worker arrives. Some parents may expect a visit at some point, but may not know when. If you are not at home when the CPS representative arrives, they will leave contact information so you can arrange another time to visit.

CPS can ask you curious and invasive questions

CPS may ask you questions that seem irrelevant to your case. These questions are not accusations. During the investigation, CPS will want to cover everything. If you don’t speak English, you have the right to an interpreter.

Caregivers have the right to speak openly with their case officer about the ongoing investigation. However, parents and carers should keep in mind that these exchanges are not confidential and can be used in court. Before you interview your social worker, consult with an attorney so you know exactly what to say.

Parents should also keep in mind that they do not have to answer every question. You have the right to refuse to answer questions and remain silent, or to tell the social worker that you think the question is unrelated to the case.

CPS can take your child away and end your rights as a parent

If the social worker sees your household or a family member as a direct threat to a child, they can take your children away. Taking children away is not the first fix for CPS. It is traumatizing for both the family and the children and is usually a last resort.

If you think you may be housing unsafe conditions for your child, speak with an attorney to see your options. Parents are human and make mistakes, like using drugs or being with an abusive partner. As parents transform their lives, they should try to find safer conditions for their children.

In this case, it is important to act as soon as possible. A bad CPS visit can greatly affect your future even if your life changes. If you need to find a better solution for your children, before informing CPS, call an attorney and develop a plan.

Also Read: Filing a Restraining Order Against Your Abuser

What rights do you have as a parent?

Reading this list can be distressing for many parents and carers. CPS visits are intimidating and leave parents feeling at the mercy of a stranger. However, as long as parents know what CPS can and cannot do, their children should be protected.

CPS cannot enter your home without your permission.

Although CPS can come to your home without notice, they cannot enter without your consent. Unless CPS has a court order or they believe your child is in imminent danger, they can’t enter your home unless you tell them it’s okay.

If a CPS social worker comes to your home to visit and you’re unprepared, just tell them it’s not the best time. If you turn away a CPS employee because you feel unprepared, ask for another appointment. After you reschedule your appointment, call your attorney and ask how best to prepare for your home visit.

CPS cannot force you to take a drug test

Similar to entering your home, CPS needs your consent to conduct a drug test unless CPS has a court order. If a social worker tries to force you to take a test, tell them that they are irrelevant to the case and that they legally need a court order of reasonable suspicion before they can do so.

You have the right to court-appointed counsel if CPS files a lawsuit against you

Parents and carers can deny all allegations made by the CPS. You have the right to an attorney during the 18-month investigation. A qualified lawyer can help you ensure that your children are in the right hands and that nothing untrue or out of context is being used against you.

Parents also have the right to attend any court hearings related to your case, even if the children are taken away. Unless parents are deemed to be dangerous to their own children, parents can be informed of the court proceedings relating to their case.

Also read: How Child Benefit Affects Your Taxes

If you would like help locating a lawyer in your area or would like free legal advice from a qualified lawyer, call the number at the top of your screen. My Case Helper can find you a family law attorney near you today who will offer you free legal advice.

Also Read: Frequently Asked Questions About Personal Defamation Court Cases

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form of child abuse

Child neglect is a form of abuse,[1] an act by caregivers (eg, parents) that results in a child being deprived of basic needs, such as other physical, emotional, social, educational, and security needs.[2 ] All societies have recognized that there are necessary behaviors that a caregiver must provide in order for a child to develop physically, socially, and emotionally. Neglect can be caused by a variety of parenting issues, including mental health disorders, unplanned pregnancies, addictions, unemployment, overwork, domestic violence, and in specific cases, poverty.

Child neglect depends on how a child and society perceives parental behavior; it’s not how parents think they behave towards their child.[3] Parental failure to care for a child when options are available is different from failure to care for a child when options are not available. Poverty and lack of resources often contribute to and can prevent parents from meeting their children’s needs when they otherwise would. Circumstances and intentions must be examined before behavior is defined as careless.

Child neglect is the most common form of child abuse, with children born to young mothers at significant risk of neglect. Neglected children are at risk of developing lifelong social, emotional, and health problems, especially if neglected before the age of two.

definition [edit]

Neglect is difficult to define because there are no clear, cross-cultural standards for desirable or minimally appropriate child-rearing practices.[4] Research shows that neglect often coexists with other forms of abuse and adversity.[5][6] While neglect generally refers to the lack of parental care and chronic failure to meet children’s basic needs, defining these needs has not been straightforward. In Working Together, the Department for Education and Skills (UK)[7] defined neglect in 2006 as follows:

…the persistent failure to meet a child’s basic physical and/or psychological needs, which is likely to result in serious impairment of the child’s health or development. Neglect can occur during pregnancy as a result of maternal substance use disorders. After the birth of a child, neglect can result in a parent or caregiver failing to provide adequate food, clothing, and shelter (including exclusion from home or abandonment); protect a child from physical and psychological harm or danger; ensure adequate supervision (including the use of inappropriate supervisors); or to ensure access to appropriate medical care or treatment. It can also involve neglecting or not responding to a child’s basic emotional needs.

Child neglect is broadly defined as the failure of a child’s caregiver to meet a child’s physical, emotional, educational, or medical needs.[8] Forms of child neglect include: allowing the child to witness violence or severe abuse between parents or adults, ignoring, insulting, or threatening violence to the child, not providing the child with a safe environment and adult emotional support, and being inconsiderate Showing disregard for the child. Child welfare.[9]

Other definitions of child neglect include:

“the failure of a person responsible for the care and upbringing of a child to protect the child’s emotional and physical health and general well-being” according to Webster’s New World Law Dictionary [10]

“Acts of omission: failure to provide for a child’s basic physical, emotional, or educational needs or to protect a child from harm or potential harm. […] Harm to a child may or may not be the intended result [leads to] physical neglect, emotional neglect, medical/dental neglect, academic neglect. according to the Centers for Disease Control and Prevention [11]

“the persistent failure to meet a child’s basic physical and/or psychological needs, resulting in serious impairment of health and/or development.”[12] : 1–8

summary

The definition of child abuse is broad. There are no specific guidelines that determine when a child is neglected; Therefore, it is up to government agencies and professional groups to determine what constitutes neglect.[13]:13 Generally, child neglect is viewed as the failure of parents or caregivers to meet the needs necessary for mental, physical, and emotional development of a child.[14]: 262

Child neglect is one of the most common forms of child abuse and remains a serious problem for many children. Child neglect has a tremendous impact on a child’s physical, mental and emotional development and has long-term consequences such as poor academic performance, depression (mood) and personality disorders. These consequences also affect society, as children who have suffered from child neglect are more likely to have problems with substance use disorders and educational failure when they grow up.[15]

Types [ edit ]

There are different types of child neglect.

Types Definition Examples of case studies Supervision Child’s guardian or parent is unable or unwilling to provide acceptable supervision or control over the child or young person, e.g. leave the child alone for a long time. Henry, a 7-year-old boy, goes home from school every day and takes care of himself until his mother comes home at 7 p.m. Sometimes he tries to cook food on the stove or walks to the local shops. Physical Basic physical needs are not met as the child is not provided with food, water, clothing, shelter, poor hygiene, etc. Joyce, a 4-year-old girl, receives snacks (chips and chocolate) and meals from her father’s McDonald’s. Her father doesn’t like to cook, and if he does, it’s only frozen food. Although she is fed, her nutritional needs are not being met. Medical refusal or delay in the child receiving necessary medical care. Ben, a 9-year-old boy, has had a cough for a month. His parents are worried about his health. However, his father recently lost his job, so his parents still don’t take him to the doctor because of the financial cost. Guardian or parent fails to ensure child receives formal education e.g. School attendance, ensuring special educational support. Chase, an 8-year-old boy, hates school. His mother has given up trying to force him to attend as he throws a tantrum every time. He was absent from school for over a month. His teachers suspect he has a learning disability, but his mother hasn’t had him tested. Emotional guardian or parent giving insufficient care or affection. The parents or guardians fail to create an environment in which the child feels safe, loved, wanted, valuable, etc. Tiana, a 3 year old girl, is currently in childcare every weekday from 7am to 6pm. Both her parents work long hours. On the weekends, her parents give her an iPad to store their content, but they are too busy to play or talk to her directly.

Physical neglect refers to the failure to provide a child with basic necessities such as food and clothing.

Medical neglect is a failure by caregivers to meet a child’s basic health needs, such as

Emotional neglect does not provide emotional support like emotional security and encouragement.

Parental/developmental neglect is the failure to provide a child with experiences necessary for growth and development, e.g. B. when a child is not sent to school or given an education.

Depending on the laws and child safeguarding policies in your area, leaving a young child unattended may be considered neglect, especially if it puts the child at risk.[16]

Child neglect can also be described in terms of severity and responses deemed warranted by communities and government agencies.[17]

Mild neglect is least perceived by the child as neglect, but increases the possibility of harm in a way that requires community intervention. An example could be a parent not using a proper car safety seat.

Moderate neglect is when some harm has been done to the child. An example could be a child who repeatedly does not dress appropriately for the weather (e.g. shorts in winter).

Severe neglect occurs over time and causes significant harm to the child. An example could be a child with asthma who is denied treatment.

experience [edit]

Children can be left alone at home, which can have negative consequences. Being left home alone can leave young people feeling scared and vulnerable, and not knowing when their parents will return.[18] The frequency and duration of being left home alone can range from every evening to several days or even weeks at a time.[18]

Additionally, young children may not be getting the appropriate amount of decent food to eat, which is another form of neglect. Children have reported being given moldy food or having no food at home or being given an insufficient amount of food.[18]

Causes[edit]

The causes of child neglect are complex and can be assigned to three different levels: an intrapersonal, an interpersonal/family and a social/economic level.[12] Although the causes of neglect are varied, studies suggest that psychological problems in parents, drug use,[19][20] domestic violence,[21][22] unemployment[23] and poverty[24] are among the contributing factors that increase the likelihood of neglect. Children resulting from unwanted pregnancies are more likely to suffer abuse and neglect.[25][26] They are also more likely to live in poverty.[27] Neglected families often experience a variety or combination of adverse factors.

At the intrapersonal level, discussion of the characteristics of neglecting parents often focuses on mothers, reflecting traditional notions of women as primary caregivers for children.[12][28] The “negligent attributes” include an inability to plan, lack confidence in the future, difficulty managing money, emotional immaturity, lack of knowledge of children’s needs, having a large number of children, teenage motherhood, high levels of stress, and poor socioeconomic circumstances .[29][30][31][32][33] Mental health problems, particularly depression, have been linked to a parent’s inability to meet a child’s needs.[34] Likewise, substance abuse is thought to play a crucial role in undermining a parent’s ability to cope with parenting responsibilities. Recent empirical work has also pointed to parental burnout (ie, chronic lack of parental resources) as a particularly powerful mechanism in promoting neglectful behavior toward children.[35] While the literature largely focuses on mothers, the role of fathers in neglect and the impact of their absence remains largely unexplored. Little is known about whether mothers and fathers neglect differently and how this affects children. Likewise, not much is known about whether girls and boys experience neglect differently.

At the interpersonal/family level, a significant number of neglected families are headed by a single mother or have a temporary husband.[36] It was also mentioned that unstable and abusive relationships increase the risk of child neglect. The effects of living with domestic violence on children often involve either direct violence or forced witnessing to abuse, which is potentially very harmful to children.[37] While the UK Department of Health has linked children’s exposure to domestic violence to parents’ failure to protect them from emotional harm,[38] the notion of ‘failure to protect’ has been questioned as it tends to focus primarily on the responsibility of the abused parent focuses on the mother, who is often at significant risk herself.[39] A recent reform of the Domestic Violence, Crime and Victims Act (2004) introduced a new offense of causing or allowing the death of a child or vulnerable adult, strengthening the notion of ‘failure to protect’. However, research on domestic violence has consistently shown that supporting the non-abusive parent is good child protection. There is evidence of the cyclical and intergenerational nature of neglect. A study of child abuse and the mother’s later ability to respond to a child’s emotions showed that mothers with a self-reported history of physical abuse had greater signs of insensitivity and lack of attunement to infants’ emotional cues than mothers with no history of abuse. [40] Although the literature suggests that neglectful parents may have been negatively influenced by their own past experiences, more research is needed to examine the association between past experiences of abuse and neglectful parenting behaviors.[41] Alcohol and drug abuse in caregivers are important risk factors for repeated child abuse after accounting for other known risk factors; the increased risk appears to be similar for alcohol and drug abuse.[42]

At the social/economic level, the link between poverty and neglect has often been made. A National Society for the Prevention of Cruelty to Children (NSPCC) study of child abuse supports the link between neglect and lower socioeconomic class.[22] US studies have shown that less affluent families are more likely to abuse their children, particularly in the form of neglect and physical abuse, than affluent families.[43][44] Some argue that many forms of physical neglect, such as inadequate clothing, environmental hazards and poor hygiene, can be directly attributed to poverty[45] while others are more cautious about making a direct link.[23] Studies have shown that parents at a low socioeconomic level are less likely to purchase resources needed for their children, leading them to experience higher rates of school failure.[46] Although poverty is thought to increase the likelihood of neglect, poverty does not determine neglect.[47] Many low-income families are not neglectful and offer their children a loving home. However, when poverty is combined with other forms of adversity, it can impair parents’ ability to cope with stressors and undermine their ability to adequately respond to their child’s needs. It can also mean that parents who want to work are faced with the choice of remaining unemployed or leaving their children at home.[48] McSherry argues that the relationship between child neglect and poverty should be viewed as circular and interdependent.[47] When caregiver alcohol abuse is identified, children are significantly more likely to experience multiple neglect than children who are not identified, as well as children found to have other family risk factors (including markers of socioeconomic disadvantage). [49]

Parenting styles[edit]

The patterns of repetitive behavior indicate that a cycle of violence is repeating itself. Research on the relationship between child neglect and parenting styles has shown that those who suffer from parental neglect tend to have problems in relationships as adults.[50] The attachment style of children of abusive parents was less secure compared to children with authoritarian caregivers. Children who have suffered physical and emotional abuse are more likely to have insecure attachments, such as B. busy, dismissive or anxious. There are three parenting styles that lead to child neglect: authoritarian, permissive, and withdrawn.[51]

taboo [edit]

There is evidence that there is a cultural taboo in acknowledging the neglect of children in one’s family. In one research study, parents who used a service that focused on families where child neglect is a problem never mentioned the word “neglect” in interviews aimed at finding out about their experiences with the service. [52] In an analysis of data from NSPCC Childline, John Cameron, the director of helplines, reported that many of the neglected children who contacted the helpline did not use the word neglect and did not indicate that they were neglected when first introduced to the child spoke to a member of Childline.[18]

Effects [edit]

The impact of child neglect can vary by individual and type of treatment, but in general, child neglect that occurs in a child’s first two years of life can be more of an important precursor to child aggression than later neglect, which may not be as severe have connection. Children who suffer from neglect also most commonly experience attachment difficulties, cognitive deficits, emotional/behavioral problems, and physical consequences of neglect. Early neglect has the potential to alter the body’s stress response, particularly cortisol (stress hormone) levels, which can cause abnormalities and alter the body’s overall health. Research has shown that there is a link between neglect and dysfunctional attachment patterns between infants and caregivers. When parents lack sensitivity to their baby’s needs, the baby may develop an insecure-anxious attachment. The neglectful behavior the child experiences will contribute to their attachment difficulties and the formation of relationships, or lack thereof, in the future. In addition to biological and social effects, neglect affects intellectual abilities and cognitive/scholastic deficits. In addition, children who suffer from child neglect may also suffer from anxiety or impulse control disorders. Another consequence of neglecting children is what people call “failure to thrive.” Infants with growth deficits and abnormal behaviors such as withdrawal, apathy, and excessive sleep fail to thrive instead of developing into “healthy” individuals (Barnett et al., p. 86). [full citation required].

A study by Robert Wilson, a professor at Rush University Medical Center in Chicago, and his colleagues showed for the first time that children under the age of 18, when in any way moderately neglected by their caregivers, were three times more likely to have a stroke than those with moderately low scores after controlling for some common risk factors (they surveyed 1,040 participants aged 55 or older; after 3 + 1⁄2 years, 257 of them died and 192 were autopsied, with 89 having evidence of stroke at autopsy and others 40 had a history of it). Neglect, bullying and abuse have previously been linked to changes in the brain’s gray and white matter and to accelerated aging. For more information, see the link to the online news article about the study from the NBCNews.com Health VITALS blog by unnamed LiveScience employees.[53]

Statistics[edit]

Those reported for negligent behavior are mostly women. The higher proportion of women reported for neglect may reflect the social attitude that mothers are responsible for meeting their children’s needs. In recent years, however, latent problems for child development and for the culture and political economy associated with paternal neglect have received more attention.[54] Neglecting parents interact less with their children, engaging in verbal instruction and play behavior, showing less affection, and engaging in more negative interactions with their children, such as verbal aggression. Parents who neglect their children are often single parents or disabled mothers who already have to take care of themselves and thus put an additional burden on the child. This additional burden is often neglected. Family size can contribute to child neglect. When a family has multiple children, they may not be able to provide all of the children with all of the basic needs they need to survive and thrive. Unfortunately, children can be neglected when the family cannot provide for all of their children. Family history may play a role in parental neglect. When parents were neglected as children, meaning that they learned neglectful behavior from their own parents, they often internalize that behavior and believe that it is the “norm,” leading to their own children’s neglect (Barnett et al., p. 92).[55 ] In a 2011 study, results showed that one in four mothers neglected, and neglect was four times more likely to be neglected if the mother had a history of childhood physical abuse than if the mother had no history of abuse.[56] Neglect is by far the most common type of child abuse reported in the United States, accounting for nearly 65 percent of child abuse cases in 2016.

Disclosure [ edit ]

Research suggests that even when they can talk to a professional about their circumstances, most neglected children do not use the word “neglect” and may not even state that they are being neglected.[18] It is therefore recommended that professionals proactively search for and identify neglect.[18]

When neglect is uncovered, action is not always taken. Likewise, professionals find that when professionals communicate their concerns about neglect to other professionals in the workplace, they do not always respond.[18] The NSPCC recently reported the case of a teaching assistant who contacted the organization with concerns about a particular child. The teaching assistant asked to remain anonymous, fearing she would be fired from her school if she found out she had made the disclosure.[18]

Assess and identify[edit]

Assessing and identifying neglect presents practitioners with a number of challenges.

Choosing the right method to identify neglect can be aided by a clear conceptualization of neglect. Neglect is a process by which a child experiences developmental delay due to not having received an adequate amount of care, stimulation, or nourishment, which can collectively be referred to as nurturing. Given that neglect is a dynamic between child development and levels of care, when identifying neglect, where does one begin, at child development or at the level of care?

Development-oriented methods[edit]

Some professionals identify neglect by measuring a child’s developmental level because, by definition, if this developmental level is normal, one can conclude that a child is not being neglected. Measurable areas of development include weight, height, endurance, social and emotional responses, language, and motor development. All of these characteristics contribute to making a medical assessment of whether a child is doing well, so a professional wishing to begin assessing neglect could reasonably begin with information gathered by a physician. Infants are often weighed and measured when they are seen by their doctors for health check-ups. The doctor initiates a more comprehensive evaluation if the infant is found to be delayed in development and functioning. This suggests that as a first step towards identifying neglect, social work workers could consult medical records to determine if the baby or child is not thriving. When the developmental levels are subnormal, to identify neglect the physician must determine whether these subnormal developmental levels are due to the level of care the child is receiving. One must disregard the fact that the developmental delay is caused by a genetic condition or disease.

Begin the assessment by examining the care received by the child[edit]

Another way to begin the process of identifying neglect is to determine if the child in question is receiving less than the level of care deemed necessary to support normal development.[57] In part, this requires an understanding of the level of care the child needs to maintain normal development, which may depend on their age, gender, and other factors.[57] However, how to determine what a particular child needs without relating to their developmental level is something that neglect theory and policy are not clear about. In addition, when determining whether a child is receiving the required level of support, not only the intensity of support must be considered, but also the duration and frequency of support, as the intensity of certain types of support can have an impact over time. It’s okay for a child to experience varying and low levels of certain types of nurturing throughout the day and from time to time, but it’s not okay if the levels of nurturing never exceed thresholds of intensity, duration, and frequency. For this reason, professionals are careful to maintain detailed medical histories of caregivers, showing how long the child has been exposed to periods of subnormal loads of caregiving, stimulation, and feeding.[58][59][60]

Begin the assessment by examining caregiver or parent care[edit]

Professionals should focus on the levels of care provided by the child’s caregivers, understanding neglect as a behavioral problem in the parents.[61] Some authors feel that demonstrating the failure of parents and caregivers to care for them would be sufficient to conclude that neglect was present.[62] Action for Children[63] states that “a child is neglected when the adults who care for him/her do not meet his or her needs” and clearly define neglect as an issue of parental performance. This raises the question of what level of caregiving a caregiver or parent needs to fall under to provoke developmental delay and how exactly to measure this.

Kritisiert werden kann die Methode, die auf die Stimulation durch die Pflegeperson setzt. Bei Vernachlässigung geht es darum, dass die Entwicklung des Kindes durch das Maß an Fürsorge beeinträchtigt wird, aber die Bereitstellung von Fürsorge durch die Betreuer ist nicht immer ein guter Indikator für das Maß an Fürsorge, das das Kind erhält. Vernachlässigung kann in der Schule außerhalb der elterlichen Fürsorge auftreten. Das Kind kann von Geschwistern ernährt werden oder durch eine Internatsausbildung, die die fehlende Fürsorge durch die Eltern kompensiert.

Entwicklung mit Stimulation verknüpfen [ bearbeiten ]

Vernachlässigung ist ein Prozess, bei dem Kinder aufgrund unzureichender Fürsorge eine Entwicklungsverzögerung erfahren. Es wurde argumentiert, dass dies im Prinzip bedeutet, dass zu Beginn einer Vernachlässigungsbewertung mit der Identifizierung von Entwicklungsverzögerungen das Ausmaß der Fürsorge, die das Kind erhält, überprüft werden muss. Wo Leitlinien zur Erkennung von Vernachlässigung Praktiker dringend dazu auffordern, Entwicklungsstufen zu messen, drängen manche Leitlinien Praktiker, sich darauf zu konzentrieren, wie Entwicklungsstufen dem elterlichen Verhalten zugeschrieben werden können.[64] Allerdings kann die enge Fokussierung auf das elterliche Verhalten kritisiert werden, da sie die möglichen Auswirkungen institutionalisierter Vernachlässigung unnötig ausschließt, z. Vernachlässigung in der Schule.

Wenn man zunächst zu dem Schluss kommt, dass die vom Kind erhaltene Fürsorge unzureichend ist, muss man den Entwicklungsstand berücksichtigen, den das Kind erreicht hat.

Es ergeben sich jedoch weitere Herausforderungen. Selbst wenn man eine Entwicklungsverzögerung festgestellt hat und einem geringen Maß an Fürsorge ausgesetzt ist, muss man die Möglichkeit ausschließen, dass die Verbindung zwischen den beiden zufällig ist. Die Entwicklungsverzögerung kann durch eine genetische Störung, Krankheit oder körperlichen, sexuellen oder emotionalen Missbrauch verursacht werden. Natürlich kann die Entwicklungsverzögerung durch eine Mischung aus Unterversorgung, Missbrauch, Genetik und Krankheit verursacht werden.

Das Graded Care Profile Tool[65] ist ein praktisches Instrument, das ein objektives Maß für die Qualität der Pflege in Bezug auf das Engagement eines Elternteils/Betreuers liefert. Es wurde in Großbritannien entwickelt.[66]

Die North Carolina Family Assessment Scale ist ein Instrument, das von einem Praktiker verwendet werden kann, um zu untersuchen, ob Vernachlässigung in einer Reihe von Familienfunktionsbereichen stattfindet.[67] Die NSPCC nutzt die NCFAS in ihrem evidenzbasierten Entscheidungsfindungs-Praxismodell, bei dem ein Praktiker der Gesellschaft mit dem von den örtlichen Behörden beauftragten Sozialarbeiter zusammenarbeitet, um das Funktionieren der Familie in komplexen Fällen von Vernachlässigung zu überprüfen.[68]

Interventionsprogramme [ bearbeiten ]

Frühinterventionsprogramme und -behandlungen in Industrieländern umfassen Einzelberatung, Familien-, Gruppenberatung und soziale Unterstützungsdienste, Verhaltenstrainingsprogramme, um problematisches Verhalten zu beseitigen und Eltern ein “angemessenes” Erziehungsverhalten beizubringen.

Elternprogramme [ bearbeiten ]

Anleitung zur Videointeraktion [ bearbeiten ]

Die Anleitung zur Videointeraktion ist eine Video-Feedback-Intervention, durch die ein „Leitfaden“ einem Klienten hilft, die Kommunikation innerhalb von Beziehungen zu verbessern. Der Klient wird angeleitet, Videoclips seiner eigenen Interaktionen zu analysieren und zu reflektieren.[69][70] Video-Interaktionsleitlinien wurden verwendet, wenn Bedenken hinsichtlich einer möglichen elterlichen Vernachlässigung in Fällen geäußert wurden, in denen das Fokuskind zwischen 2 und 12 Jahre alt war und das Kind nicht Gegenstand eines Kinderschutzplans war.[71]

Safe Care [ bearbeiten ]

Das SafeCare-Programm ist ein Präventionsprogramm, das mit Eltern von Kindern unter 6 Jahren zusammenarbeitet, die Gefahr laufen, durch Vernachlässigung erheblichen Schaden zu erleiden. Das Programm wird von ausgebildeten Fachkräften zu Hause in 18 bis 20 Sitzungen durchgeführt und konzentriert sich auf 3 Schlüsselbereiche: Eltern-Kind-Kind-Interaktion; häusliche Sicherheit und Kindergesundheit.[72]

Triple P [Bearbeiten]

Triple P (Elternprogramm) ist ein positives Elternprogramm. Es ist eine mehrstufige Erziehungs- und Familienunterstützungsstrategie. Die Idee dahinter ist, dass wenn Eltern über „richtige“ Erziehung aufgeklärt werden und die entsprechenden Ressourcen zur Verfügung gestellt werden, dies dazu beitragen könnte, die Zahl der Fälle von Kindesvernachlässigung zu verringern. Bei der Entscheidung, ob ein Kind allein zu Hause gelassen werden soll, müssen Betreuer das körperliche, geistige und emotionale Wohlbefinden des Kindes sowie die staatlichen Gesetze und Richtlinien zu diesem Thema berücksichtigen.[16]

Wirksamkeit von Interventionsprogrammen [ bearbeiten ]

Nachweise für die Wirksamkeit von Interventionsprogrammen lassen sich in zwei Arten unterteilen. Eine Art sind Wirkungsstudien, bei denen das Ziel der Bewertung darin besteht, eine statistisch signifikante Verbesserung der Ergebnisse für eine Population nachzuweisen, die der Intervention zugeschrieben werden kann. Eine zweite Art sind qualitative Studien, die darauf abzielen, die Mechanismen zu beleuchten, durch die Programmteilnehmer auf die Ressourcen zugreifen und im Programm angebotene Hilfe erhalten können, um bessere Ergebnisse zu erzielen.

Wirkungsstudien [ bearbeiten ]

Mehrere Interventionen, die sich an Familien richten, in denen Kindesvernachlässigung auftritt, wurden einer Wirkungsstudie unterzogen.

Anleitung zur Videointeraktion [ bearbeiten ]

Video-Interaktionsleitlinien wurden verwendet, wenn Bedenken hinsichtlich einer möglichen elterlichen Vernachlässigung in Fällen geäußert wurden, in denen das Fokuskind zwischen 2 und 12 Jahre alt war und das Kind nicht Gegenstand eines Kinderschutzplans war.[71] An evaluation of the project demonstrated that VIG produced a significant change in the emotional and behavioural difficulties of the population of children who received the service, and improvement in reported level of parenting and reported parental relationship with their children in the population of parents whose children received the service.[71] The data excludes to parents who failed to complete the programme, parents who completed the programme but decided not to complete evaluation measures, and on some measures parents who completed measures but whose feedback was adjudged to have been positively biased.[71]

SafeCare [ edit ]

The SafeCare programme has been provided to families in the United Kingdom where a professional has judged there is a risk of experiencing significant harm through neglect. Outcome data shows that on average families who participated in the evaluation of the programme improved parenting skills and reduced neglectful behaviours. Furthermore, all referrers reported see positive changes in the families they referred, particularly in home safety, parent child interaction and health. However, in the absence of a comparison group it was not possible to attribute the changes to SafeCare.[72]

Triple P [ edit ]

Triple P has also been provided to families in the United Kingdom where neglect is a concern. The findings from this service showed that, on average the children who participated in the evaluation experienced improved emotional and behavioural outcomes. However this positive change could not be attributed to Triple P because a control group had not been established.[52]

Mechanisms to stop neglect [ edit ]

Qualitative research studies have also illuminated some of the ways in which programs can help individual parents.

Social learning theory [ edit ]

Evaluations have demonstrated that in certain cases parents have learned to improve their parenting in the way described by social learning theory.[73] Social Learning Theory suggests people learn by observing behaviours and the positive outcomes associated with them.[72] An evaluation of the Triple P intervention highlighted how many parents were able to improve the way in which they related to their children after having received advice about how to be clear with their children, and in some cases after having tried and seen the effects of such approaches for themselves, first-hand, and often for the first time.[52] Prompted by Video Interaction Guidance, parents–with several children, who traditionally spent time with each of them all-together in a group–started spending one-to-one time with their individual children, oftentimes for the very first time.[71] Some parents also started to do activities with their children, which involved a small element of risk, after having agreed to do them for the first time as part of Video Interaction Guidance.[71]

Relationship between practitioner and parent [ edit ]

A common finding across evaluations of programmes designed to help families where neglect is a concern is that the principal factor which influences parents’ engagement and perception is the quality of the relationship that they are able to build up with the practitioner delivering the programme. Key factors in helping practitioners engage parents into the intervention include:[71]

Establishing a sense that the practitioner will support the family beyond what is necessary to complete the intervention.

Giving family members time to talk about their problems both during and out of appointments.

Advocating for the family on issues with which the intervention is not directly concerned.

Ensuring that fun forms a part of the interaction.

Making family members feel cared for through the provision of clothes, food and gifts.

Giving parents a lead in analysing family functioning and parenting.

Carrying out the intervention in the home of the parent.

Practitioners working on weekday evenings.

In the case of Video Interaction Guidance, when parents were asked about their experience of the intervention, parents invariably referred to the care and support provided by the practitioner. Effectively the intervention is experienced as an aspect of the overall relationship of care.[71]

Children’s responses [ edit ]

There are a variety of ways in which children can act in response to an experience of neglect.[18]

Some children attempt to talk about the neglect to their parents. In some cases the parents may respond aggressively or abusively to such attempts to resolve the issue.

Some children steal money from their parents’ purses in order to feed themselves.

Babies are too young to ameliorate parental neglect, however in some cases siblings will step in and take care of them. Some older siblings go without food so that their younger siblings can eat.

See also[edit]

The New York legislature has enacted several laws to protect children. Crimes involving children are among the most serious crimes. One of these crimes is referred to as abandoning a child. Under New York Criminal Code Section 260.00, if you are the custodian of a child under the age of 14 and leave the child with no intention of returning, you could be prosecuted for abandoning a child. A guardian can be a parent, guardian, or someone who has the legal responsibility for caring for the child.

Daniel is a single father of a 7 year old daughter. Caring for his daughter has become overwhelming for him. One day he dropped his daughter off at a trusted friend and told the friend he would be back in 3 hours. Daniel never returned. Daniel probably couldn’t be prosecuted for abandoning a child. Although he left his daughter without intention, he left her in a safe place with someone who was able to take care of her.

Under New York Criminal Code Section 260.00(2), you would have a defense against a charge of abandonment if you left a child with the intention that the child would be safe or if you left the child with an appropriate person. It would also be a defense if you left the child alone but informed an appropriate person of the child’s whereabouts. Another defense would be if the child is less than 30 days old.

As a Class E crime, if you are convicted of abandoning a child, your sentence can include up to 4 years imprisonment, a 5-year suspended sentence, and a fine.

A person is guilty of abandoning a child if, as a parent, guardian or other person charged by law with the care or custody of a child under the age of fourteen, he or she abandons that child anywhere with the intent to take care of him or her completely to leave.

Abandoning a child is a very serious charge. If convicted, you face up to 4 years in prison. If you are being investigated for abandoning a child, it is crucial that you have experienced representation. The associates of the law firm of Stephen Bilkis & Associates have years of experience successfully defending clients charged with felonies and misdemeanors in New York criminal courts. Contact us at 800.696.9529 to schedule a free no-obligation consultation on your case. We serve individuals accused of crimes in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.