Tag Archives: child abuse

Child Custody, Crime, Foster Care, Foster Parent, General Legal

How to Report CHILD ABUSE.

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We are ALL responsible for reporting suspect child abuse!

Reporting Child Abuse and Neglect

What is to be reported to the Mississippi Department of Child Protection Services?

Any known or suspected child abuse, neglect or sexual abuse, Human Trafficking of minors, infants affected by substance abuse, and child fatalities.

Who is legally required to report child abuse and neglect?

“Any attorney, physician, dentist, intern, resident, nurse, psychologist, social worker, family protection worker, family protection specialist, child caregiver, minister, law enforcement officer, public or private school employee or any other person having reasonable cause to suspect that a child is a neglected child or an abused child, shall cause an oral report to be made immediately by telephone or otherwise and followed as soon thereafter as possible by a report in writing to the Department of Child Protection Services ….”

Everyone is legally required to report suspected child abuse.

Who is considered to be a child?

A person who has not reached their 18th birthday, or a youth 18 years or older IF currently in CPS Custody.

Reports of abuse and neglect of persons 18 years of age or over are to be referred to the MS Department of Human Services, Adult Protective Services, and law enforcement, if applicable.

Vulnerable Adult Abuse Hotline (844)-437-6282 or visit their website here. 

Who do I call to make a report?

A report may be made to the hotline, 1-800-222-8000, a statewide, toll-free 24-hour line answered seven days a week. 

You may also make a report online through the MDCPS website. Reports of Human Trafficking can also be made to the National Hotline 1-888-373-7888.

If you need to make a report in another state, you can find contact information at Child Welfare Information Gateway by clicking here.

What will I be asked when I call in a report?

The Intake Specialist will ask questions to collect information related to the child’s identity and household members, a full address for the family, and details related to the alleged abuse.  You may be asked questions pertaining to the following.

  • You may be asked to further describe the harm to the child.
  • Your contact information so that the assigned staff responding to the situation will be able to reach you.
  • Whether the abuser is a parent/caregiver
  • If a child has an injury, you will be asked the details about how, when, and where the injury occurred.
  • Any information regarding previous abuse
  • Any other persons who might be able to provide information related to the abuse.   
  • The primary language spoken by the family and whether the family is of Native American heritage.
  • If there are any known dangers for CPS staff visiting the home.
  • The general functioning of family members and whether the children in the home have any specific special needs.   
  • The child’s current location and whether the child is currently being cared for safely by caregivers or whether the child is in imminent threat of harm.
  • Information on relatives or others close to the family who can assist in the child’s safe care or help reduce the threat of future harm to the child.

What happens when I make a report electronically through the agency’s website?

On the online reporting document, you will be asked questions about the victims, caregivers, household members, others who know about the abuse/neglect, and your contact information. 

There will be a place for you to describe the abuse.  The more information provided the better.

If you use the online reporting on the CPS website, you will receive a confirmation number once you have reviewed and submitted your report.  Keep this confirmation number if you ever need it to document your reporting.

Does a reporter have any immunity from liability?

Yes, if the report is made in good faith. Any attorney, physician, dentist, intern, resident, nurse, psychologist, social Worker, family protection Worker, family protection specialist, child caregiver, minister, law enforcement officer, school attendance officer, public school district employee, nonpublic school employee, licensed professional counselor or any other person participating in the making of a required report pursuant to MCA § 43-21-355, participating in the judicial proceeding resulting there from, shall be presumed to be acting in good faith. Any person or institution reporting in good faith shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.

Do people reporting suspected child abuse or neglect have to identify themselves?

NO. MDCPS does not require a reporter to identify themselves as a condition for reporting suspected child abuse, neglect, or exploitation.  A reporter will be encouraged to leave contact information to allow the assigned staff to contact the reporter for any information which would help assess the report and work with the family.   Insufficient information and the inability to contact the reporter could affect the agency’s ability to intervene for the safety of the child.

MCA. § 43-21-259 requires all records involving children and the contents thereof, including the identity of the reporter, to be kept confidential except as provided in § 43-21-261.

What will happen if you know of the abuse and don’t report it?

Upon being found guilty, the individual shall be punished by a fine not to exceed $5,000, imprisonment in jail not to exceed one year, or both (MCA 43-21-353(7)).

What happens after I make a report?

The information given will be assessed.  Allegations of child abuse or neglect will be forwarded to the corresponding MDCPS staff for a response.  A referral for child abuse prevention services may be utilized when preventive services could reduce the likelihood of future maltreatment.

Source: Mississippi Department of Child Protection Services

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Child Custody, Crime, Foster Care, Foster Parent, General Legal

Red Flags of (Child) Abuse

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An estimated 558,899 children (unique incidents) were victims of abuse and neglect in the U.S. in 2022, the most recent year for which there is national data. That’s 8 children out of every thousand. CDC & National Children’s Alliance.

1. Changes in “normal” or “routine” behavior. Abuse can lead to many changes in behavior. Abused children often appear scared, anxious, depressed, withdrawn or more aggressive.

2. Returning to earlier (reversion) behaviors. Abused children may display behaviors shown at earlier ages, such as thumbsucking, bedwetting, fear of the dark, or fear of strangers. For some children, even loss of acquired language or memory problems may be an issue.

3. Fear of going home. Abused children may express apprehension or anxiety about leaving school or about going places with the person who is abusing them or exhibit an unusual fear of a familiar person or place.

4. Changes in eating (wide swings of overeating or refusing to eat). The stress, fear, and anxiety caused by abuse can lead to changes in a child’s eating behavior, which may result in weight gain or weight loss.

5. Changes in sleeping (seen as trouble sleeping, insomnia). Abused children may have frequent nightmares or have difficulty falling asleep and as a result may appear tired or fatigued.

6. Changes in school performance and attendance. Abused children may have difficulty concentrating in school or have excessive absences, sometimes due to adults trying to hide the child’s injuries from authorities.

7. Lack of personal care or hygiene. Abused and neglected children may appear uncared for. They may present as consistently dirty and have severe body odor, or they may lack sufficient clothing for the weather.

8. Risk-taking behaviors. Young people who are being abused may engage in high-risk activities such as using drugs or alcohol or carrying a weapon.

9. Inappropriate sexual behaviors (mimicking what they’re seeing). Children who have been sexually abused may exhibit overly sexualized behavior or use explicit sexual language and may exhibit symptoms of a genital infection.

10. Unexplained injuries (injuries that don’t make sense). Children who have been physically abused may exhibit unexplained burns or bruises in the shape of objects. You may also hear unconvincing explanations of a child’s injuries.

Source https://www.childsafe-sa.org/resources/know-the-10-signs-of-child-abuse/

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (Child Protection Services) throughout their decades of practice. (NOT all at the same time).

Child Custody, Crime, Foster Care, Foster Parent, Opinion

What is CHILD ABUSE? CHILD NEGELCT?

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“Abused child” means a child whose parent, …caused or allowed … sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, non-accidental physical injury or other maltreatment to occur.

Legal Definitions – Miss. Code Ann. Sec. 43-21-105:

“Neglected child” means a child:
(i) Whose parent… or any person responsible for his care…neglects or refuses, when able to provide necessary care or support, including education (as required by law), medical, surgical, or other care necessary for well-being.

  • However, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful…

  • (ii) Who is otherwise without proper care, custody, supervision or support; or

  • (iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or

  • (iv) Who, for any reason, lacks the care necessary for his health, morals or well-being.
    • The “when able” provision limits the application of neglect when the parent does not have the ability to provide necessities, think sever poverty issues. In that instance it is not willful neglect.
       
  • “Abused child” means a child whose parent…has caused or allowed sexual abuse, sexual exploitation, commercial sexual exploitation, emotional abuse, mental injury, non-accidental physical injury or other maltreatment.
  • However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section.
  • “Abused child” also means a child who is or has been trafficked within the meaning of the Mississippi Human Trafficking Act.
     
  • “Sexual abuse” means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children.
     
  • “Any person responsible for care or support” means the person who is providing for the child at a given time. This term includes stepparents, foster parents, relatives, non-licensed babysitters or other similar persons responsible for a child and staff of residential care facilities and group homes.
     
  • “Commercial sexual exploitation” means any sexual act or crime of a sexual nature, which is committed against a child for financial or economic gain, to obtain a thing of value for quid pro quo exchange of property or for any other purpose.
  • Abuse and neglect are preventable and/or treatable circumstances if We all Look out for one another. If you see something, say something!

Matthew Thompson and Chad King are child welfare attorneys in the State of Mississippi. They have represented natural parents, foster parents, grandparents, other relatives, fictive kin, children and the Agency (CPS) throughout their decades of practice. (NOT all at the same time).

Child Custody, Crime, General Legal, Visitation

Youth Court in Mississippi

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Youth Courts deal with matters involving allegations of abuse and neglect of children.(Youth Courts also handle cases involving offenses committed by juveniles, persons who have not reached the age of 18 may be subject to the Youth Court, although there are some exceptions. Some offenses which would be treated as crimes if committed by adults are known as “delinquent acts” when they involve juveniles.”)

21 counties have a County Court Judge serving as Youth Court Judge. In counties which do not have a County Court, the Chancery Judge may hear Youth Court matters, or the Chancery Judge may appoint a lawyer to act in a judicial capacity as Youth Court Referee. The city of Pearl also has its own municipal Youth Court.

In Madison County the County Court Judges also serve as Youth Court Judges. In Hinds and Rankin Counties, they have Youth Court Judges that serve in dedicated Youth Courts.

Child abuse can be:

  • Emotional:anything said or done that is hurtful or threatening to a child, such as name calling, belittling a child, or making threats of harm.
    • Name calling; “You’re stupid.”
    • Belittling; “I wish you were never born.”
    • Destroying child’s possessions or harming pets.
    • Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
    • Locking a child in a closet or box.
    • Rejecting a child.
    • Isolating a child.
  • Sexual Abuse is any inappropriate touching by a friend, family member, anyone having ongoing contact and/or a stranger, such as:
    • Touching a child’s genital area.
    • Any type of penetration of a child.
    • Allowing a child to view or participate in pornography.
    • Prostitution, selling your child for money, drugs, etc.
    • Forcing a child to perform oral sex acts.
    • Masturbating in front of a child.
    • Having sex in front of a child.
    • Touching a Child’s genital area.
  • Physical:any type of contact that results in bodily harm or bruising, or physically restraining a child improperly.
    • Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
    • Putting child into hot water.
    • Cutting the child with a knife or any other sharp object.
    • Shaking or twisting arms or legs, yanking a child by the arm.
    • Putting tape over a child’s mouth.
    • Tying a child up with rope or cord.
    • Throwing a child across a room or down the stairs.
  • Neglect: not meeting the basic needs of the child, including not giving essential medicines or food, leaving a child unsupervised, providing inadequate protection from the weather.
    • Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
    • Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
    • Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
    • Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
    • Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.

Within a neglect or abuse case there are several phases. Upon a complaint or report, which can be anonymous, Youth Court will hold a Shelter Hearing. It is akin to an emergency hearing. The Youth Court will determine if immediate action needs to be taken. Typically, the next Youth Court determination will be an Adjudication Hearing. This is to determine if the child was neglected or abused. Lastly, youth Court will conduct a Disposition Hearing. This is to determine the final outcome.

Youth Court’s #1 goal is reunification when and where possible. Youth Court cases involving neglect and abuse are not seeking to punish and there could be separate criminal consequences for acts of neglect or abuse for the perpetrator.

The “players” in a Youth Court proceeding are the Judge, Youth Court Prosecutor, Guardian Ad Litem (attorney for the child and sometimes a non-attorney investigator), some Courts now have Parent’s Representatives (attorneys appointed for a parent), or privately hired Attorneys.

Matthew Thompson is a Child Custody attorney in Mississippi and has handled multiple Youth Court cases throughout Mississippi.

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Child Custody, Crime

Indicators of Abuse.

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Regrettably, in family law instances of child abuse are ever-present. The Mississippi Department of Human services, along with law enforcement and the Courts are tasked with dealing with these critical circumstances.

The following are instances and indicators of abuse.

Emotional/Verbal Abuse is anything said or done that is hurtful or threatening to a child and is the most difficult form of maltreatment to identify:

  • Name calling; “You’re stupid.”
  • Belittling; “I wish you were never born.”
  • Destroying child’s possessions or harming pets.
  • Threatens to harm child or people they care about; “I’m going to choke you,” or “I’ll hurt your sister.”
  • Locking a child in a closet or box.
  • Rejecting a child.
  • Isolating a child.

Sexual Abuse is any inappropriate touching by a friend, family member, anyone having on-going contact and/or a stranger, such as:

  • Touching a child’s genital area.
  • Any type of penetration of a child.
  • Allowing a child to view or participate in pornography.
  • Prostitution, selling your child for money, drugs, etc.
  • Forcing a child to perform oral sex acts.
  • Masturbating in front of a child.
  • Having sex in front of a child.
  • Touching a Child’s genital area.

Physical Abuse is any type of contact that results in bodily harm such as bruising, abrasions, broken bones, internal injuries, burning, missing teeth and skeletal injuries:

  • Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
  • Putting child into hot water.
  • Cutting the child with a knife or any other sharp object.
  • Shaking or twisting arms or legs, yanking a child by the arm.
  • Putting tape over a child’s mouth.
  • Tying a child up with rope or cord.
  • Throwing a child across a room or down the stairs.

Neglect means not meeting the basic needs of the child and is the most common form of maltreatment.

  • Medical – not giving a child life-sustaining medicines, over medicating, not obtaining special treatment devices deemed necessary by a physician.
  • Supervision – leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child).
  • Clothing and good hygiene – dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene.
  • Nutrition – lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food.
  • Shelter – having structurally unsafe housing, inadequate heating, and unsanitary housing conditions.

Call 800-222-8000 or 601-432-4570 to report abuse, neglect or exploitation of a child in Mississippi.

Reports can also be made online at https://www.msabusehotline.mdhs.ms.gov

Division of Family & Children’s Services
800-345-6347 | 601-359-4999

Matthew Thompson is a Child Custody Attorney in Mississippi.

Follow the blog: #BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms

Child Custody, Crime, General Legal, Opinion

FLAG on the PLAY; NFL is NO Moral Authority

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Moral authority is authority premised on principles which are independent of written laws. As such, moral authority necessitates the existence of and adherence to truth. Because truth does not change, the principles of moral authority are immutable or unchangeable.

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The world has been abuzz the last week over two NFL scandals.  The first involved Ray Rice assaulting his then-fiancee, committing heinous acts of domestic violence, and the NFL’s wrist-slapping until the video of the act came to light.  The second was Adrian Petersen taking a switch to his 4-year old child, leaving numerous switch marks, welts and breaking the skin on the child.

There has been much attention on both and the good from this will be the light shined on domestic violence and proper child discipline.  Neither of these incidents were proper, nor excusable.  However, what the NFL does or does not do should not change your view on either incident.

The NFL is there to make money and provide entertainment.  That’s it.  If you are looking to the NFL to have a true moral compass or for real role models you are looking in the wrong place.  Look to your local neighborhoods, communities and own family for true role models. The professionals, pastors, educators, mothers and fathers – those that give back and do the right thing when no one is looking.  Those are the ones to emulate, if anyone.

The NFL is not designed nor equipped to be role models- they are designed to make money and entertain.

Don’t want to be constantly disappointed? Aim higher.

Matthew Thompson is a Family Law Attorney in Mississippi, coach of the U7 Girl’s Purple Rush, assistant den leader and involved in numerous community activity groups. 

Follow the blog: BowTieLawyer Visit the website: Thompson Law Firm

You may also contact Matthew with your family law case, question or concern at 

(601) 850-8000 or Matthew@bowtielawyer.ms.

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alienation, Child Custody, Child Support

Don’t be a Rotten Parent

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Rotten (adjective, rot·ten·er, rot·ten·est.)

1. decomposing or decaying; putrid; tainted, foul, or bad-smelling.
2. corrupt or morally offensive.
3. wretchedly bad, unpleasant, or unsatisfactory; 
miserable: a rotten piece of work; a rotten day at the office.
4. contemptible; despicable: a rotten little liar; a rotten trick.

Parenting is hard. Co-parenting even more-so especially with the one other person on the planet that you despise the most, but it MUST be done. Rotten parents, unfortunately, exist and some even thrive at their rottenness.  Seldom, it seems, are they actually held accountable for their conduct.

What is Rotten parenting?

  1. Bad mouthing the other parent to the child.
  2. Bad mouthing the child.
  3. Being unreasonable in your demands to spend time with the child.
  4. Being unreasonable in the other parent’s requests for additional time.
  5. Unreasonably interfering with the child’s schedule.
  6. Creating an unreasonable schedule for the child to interfere with the other parent’s time.
  7. Making false abuse allegations.
  8. Perpetrating abuse against the child and/other parent.
  9. Using finances to the detriment of the child.

So, what do you do as a “non-rotten” parent?  You keep doing the right things. Every time. It’s what is best for your child.  And when it’s bad enough, take action and follow it through.

Matthew Thompson is a Child Custody attorney and warns against rotten parenting.

Follow the blog: #BowTieLawyer . You may also contact Matthew with your family law case, question or concern at (601) 850-8000 or Matthew@bowtielawyer.ms

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