Child and Elderly Abuse
Law Enforcement I
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Key Terms
• Child
• Elderly
–Younger than 17
years of age
–Older than 65
years of age
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Abuse (HRC Section 48.002)
• Neglectful or willful infliction of
injury
• Unreasonable confinement
• Intimidation
• Cruel and unusual punishment with
physical or emotional harm or pain
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Sexual Abuse
• Child is subjected to Indecent
Exposure, PC 21.08
• Child is subjected to any assaultive,
voluntary or nonconsensual sexual
conduct listed under PC Ch. 22
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Emotional Abuse (FC Chapter 261)
•
•
•
•
3rd most frequently reported
Acts of commission or
Acts of omission
Cause the child to have serious
behavioral, emotional, or mental
disorders
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Abandon (PC 22.041)
• Leave a child in any place without providing
reasonable and necessary care for the child,
under circumstances under which no
reasonable, similarly situated adult would
leave a child of that age and ability
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Neglect (HRC Ch. 48)
• Includes refusal of or delay in seeking
medical healthcare
• Abandonment
• Expulsion from the home or
• Refusal to allow a runaway to return
home
• Inadequate supervision
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Educational Neglect
• Allowance of
chronic truancy
• Failure to enroll a
child of mandatory
school age in school
• Failure to attend to a
special educational
needs
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Emotional Neglect
• Such actions as marked inattention to the
child’s needs for affection
• Refusal of or failure to provide needed
psychological care
• Spouse abuse in the child’s presence
• Permission of drug or alcohol use by the
child
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Exploitation (HRC Ch. 48)
• Illegal or improper act or process
• By a caretaker, family member, or other
individual who has an ongoing relationship
with an elderly or disabled person
• Using the resources of an elderly or disabled
person for monetary or personal benefit, profit,
or gain
• Without informed consent of elderly or
disabled
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Child Abuse Laws
• Special Relationships (PC Section
9.61): Parent-Child
– Use of force, not deadly, is justified against
a child younger than 18
• Person is parent/stepparent/grandparent of child
• When and to the degree reasonably necessary
• To discipline, promote welfare or safeguard the
child
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Child Abuse (FC Ch. 261)
• Mental or emotional injury to a child
• Causing or permitting a child to be in a
situation that causes harm or injury
• Physical injury that results in substantial harm
or genuine threat from physical injury
• Failure to prevent injury by another
• Sexual conduct that is harmful to a child’s
mental, emotional, or physical welfare
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Child Abuse (FC Ch. 261) (continued)
• Causing, permitting,
encouraging, engaging in,
or allowing photographing,
filming, or depicting of a
child in an obscene manner
• Use of a controlled
substance that causes injury
• Causing , permitting, or
encouraging a child to use a
controlled substance
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Child Neglect (FC Ch. 261)
• Leaving a child where he or she is exposed to substantial risk
of harm
• Placing a child in or failing to remove a child from a situation
that a person would realize requires judgment or action beyond
the child’s level of maturity, physical condition, or mental
abilities, resulting in harm
• Failure to seek, obtain, or follow through with medical care
• Failure to provide a child with food, clothing, or shelter
necessary to sustain the life or health of the child, excluding
failure caused by financial inability
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Child Neglect (FC Ch. 261) (continued)
• Placing a child in or failing to remove a child from a situation
in which the child would be exposed to a substantial risk of
sexual conduct
• Placing a child in or failing to remove a child from a situation
in which the child would be exposed to acts or omissions that
constitute abuse
• Failure by the person responsible for a child’s care, custody, or
welfare to permit the child to return to the child’s home
without arranging for the necessary care for the child after the
child has been absent from the home for any reason
• Born addicted to alcohol or a controlled substance
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Abandoning or Endangering a
Child (PC Section 22.041)
• Endangers
• Abandons
– A person having custody
of a child younger than 15
– Intentionally abandons the
child in any place
– Under circumstances that
expose the child to an
unreasonable risk of harm
– A person intentionally,
knowingly, recklessly, or
with criminal negligence
– By act or omission
– Engages in conduct
– Placing a child younger
than 15 in imminent danger
of death, bodily injury, or
physical or mental
impairment
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Injury to Child/Elderly
(PC Section 22.04)
• A person intentionally, knowingly,
recklessly, or with criminal negligence by
omission or act causes
– Serious bodily injury
– Serious mental deficiency, impairment, or
injury
– Bodily injury or
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Injury to Child/Elderly
(PC Section 22.04) (continued)
• A person is owner, operator or employee of group
home, nursing facility, assisted living facility,
intermediate care facility for persons with mental
retardation, or other institutional care facility, and
• The person intentionally, knowingly, recklessly or
with criminal negligence causes a child or elderly
person who is a resident of the group home or facility
– Serious bodily injury, impairment, or injury
– Bodily injury
– Exploitation
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Report (HRC Section 48.051)
• A person have cause to believe an
elderly person is
– Being abused
– Being neglected
– Being exploited
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Report (HRC Section 48.051)
(continued)
• Shall report the information immediately
• A person believes an elderly person has been abused,
neglected, or exploited in a facility that is
–
–
–
–
Operated
Licensed
Certified
Registered by a state agency
• Shall report to the state agency that operates, licenses,
certifies, or registers that facility
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Duty to Report (HRC Ch. 48)
• During the scope of their employment
– Is normally confidential,
including
•
•
•
•
•
Attorney
Clergy
Medical practitioner
Social worker
Mental health professional
– Report orally or in
writing:
• Name, age, and address
• Name and address of
person responsible for
care
• Nature and extent of
conditions
• Basis of reporter’s
knowledge
• Any relevant information
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Failure to Report
(HRC Section 48.052)
• Person believes
– Abuse
– Neglect
– Exploitation
• Has occurred, and
• Knowingly fails to report the abuse to the
appropriate agency
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National Statistics: Child Abuse
• In 2008, the National Child Abuse and Neglect Data
System reported the following:
– More than half of all reports were made by professionals
• 16.9% from teachers
• 16.3% from law enforcement
• 10.6% from social service staff
– 3.7 million reports and allegations determined 772,000
children were victims of abuse or neglect
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National Statistics: Child Abuse
(continued)
• In 2008, the National Child Abuse and Neglect Data
System reported the following: (continued)
– Children under the age of 1 year had the highest
victimization, and more than half were white
females
– More than 70% suffered neglect
– More than 15% suffered physical abuse
– Less than 10% were sexually abused
– Less than 10% suffered psychological
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National Statistics: Child Abuse
(continued)
• In 2008, the National Child Abuse and Neglect Data
System reported the following: (continued)
– An estimated 1,740 children died from
abuse/neglect
• More than ¾ were under the age of 4
• Infant boys had highest rate of fatalities
– More than 30% of fatalities were attributed to
neglect
– About 80% of perpetrators were parents (more
women than men)
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National Statistics: Child Abuse
(continued)
• In 2008, the National Child Abuse and Neglect Data
System reported the following: (continued)
– Homicide is the third leading cause of death
among 5-14 year olds
– Fatal abuse interrelated with
• Poverty
• Domestic violence
• Substance abuse
– Every 10 seconds a child is victimized by abuse or
neglect
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National Statistics: Elderly Abuse
• The National Center on Elderly Abuse
(NCEA), 2004 Survey of State Adult
Protective Services (APS) reported that
– For every 1 reported case, 5 go unreported
– 19.7% increase in total reports since 2000
– 15.6% increase in substantiated cases since 2000
– In 2003, 192,243 cases investigated in 29 states
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National Statistics: Elderly Abuse
(continued)
• The NCEA, 2004 (continued)
– 46.7% were investigated and substantiated
– 72.4% cases were in Texas
– 65.7% victims were women
– 42.8% victims were 80 years or older
– 77.1% victims were white
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National Statistics: Elderly Abuse
(continued)
• The NCEA, 2004 (continued)
– Abusers profile
• 52.7% of abusers were female
• 75.1% of abusers under 60 years old
• 2/3 of all abusers are family members:
- Adult children 35%
- Spouse 13.4%
- Service providers 6.2%
- Grandchildren 5.9%
- Other relatives 5.2%
- All others 10.3%
- Siblings 2.9%
- Unknown 7.4%
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National Statistics: Elderly Abuse
(continued)
• The NCEA, 2004 (continued)
– Types of Abuses
• Neglect 58.5%
• Physical 15.7%
• Financial 12.3%
• Emotional 7.3%
• Sexual 0.4%
• Unknown 0.6%
• All other types 5.1%
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State Statistics: Child Abuse
• According to the Texas Department of Family and
Protective Services (TDFPS) in Texas in 2009
– 283,922 total referrals for child abuse and neglect
• 165,444 were completed investigations
• 40,126 were confirmed
– 13,875 confirmed allegations of physical abuse
– 6,316 confirmed cases of sexual abuse
– 648 confirmed case of emotional abuse
– 205 confirmed cases of abandonment
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State Statistics: Child Abuse (continued)
• According to the TDFPS in Texas in 2009
– 2,109 confirmed cases of medical abuse
– 6,570 confirmed cases of physical abuse
– 66,592 were parent perpetrators
• 56.8% committed by females
• 51.7% are female victims between 1 and 3 years old
– 280 Texas kids died due to abuse or neglect
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Theories Behind Abuse and
Neglect: Child
• Psychoanalytic
– Abusive behaviors are determined by
subconscious drives and conflicts
– Abuser suffered rejection and lack of nurturing
as a child and then as a parent
• Fails to nurture
• Sets unrealistic expectations
• Reverses roles (i.e. seeks care and nurturing from
the child)
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Theories Behind Abuse and
Neglect: Child (continued)
• Environmental
– Substance abuse is one of the top two
problems exhibited in 81% of the reported
cases
– Social and environmental problems and
crisis cause stress and frustration in the
abuser
– Socialization of the abuser determines his
or her response to stress
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Theories Behind Abuse and
Neglect: Child (continued)
• Cognitive Development
– There is a lack of understanding of appropriate
parent/child roles as the abuser has self-centered
attitudes
– Abuse occurs from the lack of information and
skills as a result of the low level of emotional and
intellectual development of the abuser
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Theories Behind Abuse and
Neglect: Elderly
• Stress
– Caring for a dependent elder is a tough job
– Many elders have physical and mental
impairments
– Caregivers are oftentimes not properly equipped to
handle elders due to
• Their own personal problems
• Lack of knowledge about caring for an elder
• Lack of support from other family members
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Theories Behind Abuse and
Neglect: Elderly (continued)
• Cycle of Violence
– Violent behavior is
learned
– Violence is transmitted
from generation to
generation
– Abuser was abused
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Theories Behind Abuse and
Neglect: Elderly (continued)
• Personal Problems
– Abusers have more personal problems than nonabusers
– Abusers frequently suffer from
•
•
•
•
•
Mental illness
Emotional disorders
Alcoholism
Drug addiction
Financial difficulty
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Theories Behind Abuse and
Neglect: Elderly (continued)
• Impairment of Dependent Elders
– Elders in poor health are more likely to be abused
than those in good health
– An estimated 6 million elders are severely disabled
and suffer from mental and physical disabilities or
both
– Abuse occurs when the stress of the caregiver is
heightened as a result of the elders increased
dependency
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Battered Child Syndrome
• A collection of injuries
sustained by a child as a
result of repeated
mistreatment or beating
• Injuries indicate
intentional trauma or
appear to be more
severe than could
reasonably be expected
to result from an
accident
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Characteristics of Victims: Child
Child Abuse
• Have low self-esteem
• Exhibit demanding or
difficult behavior
• Have a decreased level
of functioning
• Display hyperactivity
• Are usually under 5
years of age
• Are more often boys
Child Neglect
• Underweight
• Poor hygiene
• Soiled clothing
• Bald patches
• Gross unattended dental
and medical problems
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Characteristics of Victims: Elderly
• Usually live in a family environment with an
abusive adult child or another abuser
• Suffer from one or more disabilities
• Need constant care
• Need a special diet, hygiene, and
demonstration of affection and caring
• Family history of abuse, alcoholism, drug
addiction, or other stressor
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Resources
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Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/
National Center on Elder Abuse
http://www.ncea.aoa.gov/ncearoot/Main_Site/pdf/021406_60FACTSHEET.pdf
National Child Abuse and Neglect Data System http://aspe.hhs.gov/hsp/06/catalog-ai-anna/NCANDS.htm
Area Agency on Aging http://www.aaacap.org/elderabuse.html
National Criminal Justice Reference Service
http://www.ncjrs.gov/html/ojjdp/portable_guides/bcs/contents.html
U.S. Department of Justice https://www.ncjrs.gov/pdffiles1/ojjdp/161406.pdf
http://madeleinemccann.org/
http://www.dfps.state.tx.us/
Do an Internet search for the following:
Cleveland Mom Charged in Bathtub Drowning Deaths of 2 Daughters Considered Hospital
Visit
General Characteristics of Elder Abuse and Nursing Home Neglect Victims
Long Beach Fire Department training center child abuse
Medterms
Child of Rage – The Documentary
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