To build our child’s character, we are supposed to instill discipline. How far can we instill discipline without crossing the line towards child abuse?
Click here to watch the video What Is Considered Child Abuse in Michigan?
People talk a lot about child abuse without really defining what is child abuse. The definition of child abuse is very much an evolving standard. Even the process of determining child abuse from a medical perspective is also evolving. Lack of awareness carries consequences.
In The Old Days, Discipline Was Easily Dispensed
Those who are parents and grandparents today, can look back to the old days and remember how non-compliance in the household was dealt with.
For a parent to “whack” their kids for non-compliance was sort of run of the mill. If you did something wrong you get the belt. At times it was with the hands, sometimes it was with the belt. You get spanked on the bottom. These things happen. It was just a part of raising kids.
If you’re an avid fan of “I Love Lucy” back then, there was an old episode of “I Love Lucy” where Ricky Ricardo played the husband of the character Lucy. Ricky Ricardo took his wife Lucy who was always wild and vicious. And literally, put her over his knee and spank her for doing something.
People today will be thinking and realizing how our society was. It wasn’t unusual for a head of a household to do that. Meaning spanking somebody in the family for acting out. People back then did that.
Nowadays people don’t really exercise corporeal punishment. They don’t smack their kids. They could actually, and it is within their rights to do so. It’s not illegal because sometimes it has to happen among parents and kids.
There is, however, a difference between discipline and abuse.
Discipline can become abuse if taken too far. If your kid gets out of line and curses at you, you smack her in the face. It will not necessarily be anything little above discipline. If you take a wooden hanger and use it on your kid, then we’re talking about abuse.
The law has some definition of what is permitted. Current statute does not restrict a parent or guardian from disciplining a child in a reasonable manner, including by using force that is appropriate under the circumstances, or any other person authorized by the parent or guardian or permitted by law.
How does the court see child abuse?
There are different levels in the process of defining abuse. Neglect is also in some way a kind of abuse. If you don’t feed your child it’s really what we call neglect.
But it falls into the abuse and neglect category.
The court is probably if they have to, going to look at what you did. They’re going to judge your conduct based on what was reasonable and what was appropriate for you, for the child, and for the circumstance in the community.
You have to realize a standard for defining abuse is like a moving target.
You might get caught in a situation where you need to show you’re not guilty of abuse. If you are, will you be able to show it based on the standards, based on the conduct, based on what goes on in the community, and based on what is appropriate?
If ever you are in such a situation, will you be able to show you acted within the appropriate boundaries mentioned?
Let’s find out how the court sees child abuse.
The Truth About Child Abuse The Court Actually Sees
Let’s do some common ground in understanding the words the court might use. Let’s disassemble two words: child and abuse.
A person who is younger than 18 years old and has not attained legal emancipation is referred to as a “Child.”
Abuse encompasses the use of the following words.
“Cruel” refers to something that is cruel, inhumane, sadistic, or torturous.
“Omission” refers to a child being purposefully abandoned or not being given the required food, clothing, or shelter for their welfare.
Any harm to a child’s bodily state is referred to as “physical harm.”
“Serious physical harm” refers to any physical harm to a child that gravely compromises the child’s health or physical well-being, such as brain damage, a fractured skull or bone, a subdural hematoma, a dislocation, a sprain, an internal injury, poisoning, a burn or scald, or a deep cut.
“Serious mental harm” is defined as an injury to a child’s mental well-being or condition that is not necessarily permanent but nevertheless produces clearly discernible manifestations of a significant disorder of thought or mood that materially impairs behavior, judgment, the ability to recognize reality, or the capacity to cope with day-to-day demands of life.
Any of those words mentioned together with your name isn’t going to be good for you.
If you ask the courts, they will always defer to current statutes. Technically, the law defines child abuse in a matter of degrees.
Here’s how the law sees child abuse and this is where you will understand about the law defining it in a matter of degrees.
The following situations constitute fourth-degree child abuse for the offender:
There’s a certain degree of child abuse offense considered a misdemeanor. It is a misdemeanor when a kid suffers physical harm as a result of the person’s negligence or carelessness. Or, regardless of whether physical harm occurs, the conduct was committed knowingly or purposefully and places a child at an unreasonable risk of harm or injury.
The court will find you in this case guilty in the fourth degree.
The next level of child abuse is called third-degree child abuse. This happens when an individual intentionally or knowingly harms a kid physically. That person intentionally or knowingly commits a crime that, given the circumstances, puts a child at an unreasonable danger of harm or injury, and the crime causes actual bodily harm to a child.
The second-degree child abuse offense is a bit more serious. It becomes child abuse in the second degree when the person’s careless action results in a kid suffering from a serious physical or mental injury as a result of their omission, or vice versa. Regardless of whether harm occurs, the conduct was done knowingly or intentionally with the aim to seriously injure a child’s bodily or mental health.
Here’s where serious consequences will follow.
If the person’s careless action results in a kid suffering from a serious physical or mental injury as a result of their omission, or vice versa. Or, regardless of whether harm occurs, the conduct was done knowingly or intentionally with the aim to seriously injure a child’s bodily or mental health. And, regardless of whether an injury is caused, the act is cruel to a child and is done knowingly or willfully, that act is considered first-degree abuse. This degree carries a much heavier consequence.
How the Medical Experts See The Truth About Child Abuse
The interesting thing about the medical practice supporting the scientific evaluation of child abuse is the field called child abuse pediatrics. It is now a sub-specialty in pediatrics dealing primarily with determining and isolating injuries constituting child abuse.
In order to make a medical diagnosis, doctors must choose, compile, and record pertinent information from the wealth of data provided by patients and families. In order to generate and arrange a list of potential diagnoses, the patient’s principal complaint, history of the current illness, past medical history, family and social background, and current risk markers for disease are gathered.
Similar to other medical diagnostics, the medical evaluation of suspected child physical abuse employs an iterative process of differential diagnosis. To the usual method of diagnosis as well as to the process of documentation in the consultation note, the medical diagnosis of child physical abuse has special components that could provide difficulties.
Child abuse consultations must inform outside authorities such as children’s protection services, the police, attorneys, and judges, in contrast to standard medical consultations, in which a doctor writes a consultation designed to inform other medical professionals.
Clinicians who undertake the care of abused children are aware of the varied purposes for which their medical evaluation and documentation will be used.
The possibility of court involvement is present throughout the medical evaluation, even though the majority of child abuse consultations do not result in legal action.
The Monumental Consequence Of Child Abuse Is Years in Prison
As mentioned earlier, the definition of child abuse comes in a matter of degrees, and so goes the punishment if you are found guilty of committing child abuse. Make no mistake about this, regardless of the degree, the offender will go to prison.
Like we said, it comes in degrees.
The fourth degree of child abuse is a misdemeanor, which carries a maximum one-year sentence in jail.
Third-degree child abuse is a crime punishable by up to two years in prison.
Second-degree child abuse is a felony also punished by imprisonment. If you are found guilty the penalty can be not more than 10 years for a first offense; and not more than 20 years for a second or subsequent offense.
First-degree child abuse is a felony punishable by life in prison or any number of years.
If you think, you are on the borderline of any degree above, please talk to your lawyer today!
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