Tag Archives: child neglect

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