Also known as: child abuses · child abuser · child abusers · child abusing · child abused · child maltreatment
Written by attorneys · grounded in primary & secondary sources — see below
Intentional or neglectful physical or emotional harm inflicted on a child, including sexual molestation. Esp., a parent's or caregiver's act or failure to act that results in a child's exploitation, serious physical or emotional injury, sexual abuse, or death. An act or failure to act that presents an imminent risk of serious harm to a child also qualifies.
Connor Clark arrived at school with visible bruises. His teacher asked about the injuries to determine whether he faced continued harm at home. The child's identification of the abuser was admitted at trial because the exchange addressed an immediate safety concern rather than building a prosecution record.
Christian Coleman pleaded guilty to a state child abuse offense. His lawyer failed to advise him that the conviction could lead to deportation. The court later vacated the plea because the immigration consequences constituted a critical factor in the decision to accept the agreement.
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Corinne Cho noticed fresh marks on a student's arm during class. The child identified the mother's boyfriend as the source while the teacher sought to end the threat. The statements were admitted because the primary purpose was protection rather than evidence creation.
Claire Campbell faced felony child abuse charges. The prosecutor used peremptory challenges to remove all male jurors. The conviction was reversed because the strikes rested on gender stereotypes rather than case-specific reasons.
Colin Chambers faced termination proceedings after repeated incidents of child abuse. The state proved its case by clear and convincing evidence of ongoing risk. The court severed parental rights because that standard satisfied due process.
Clifford Cox reported suspected abuse of his child to county services. Officials took no action and the child later suffered severe injury. The suit against the department failed because the Constitution does not impose an affirmative duty to shield individuals from private violence.
Statements are nontestimonial when the primary purpose of the questioning is to address an ongoing emergency and protect the child rather than to create evidence for prosecution. Factors include the informality of the setting, the absence of law enforcement, the child's age, and the spontaneous nature of the response. Admission of such statements does not violate the Confrontation Clause.
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No. The reporting requirement does not retroactively change the character of initial questioning that occurred to assess medical needs and safety. The primary purpose remains protective when the interaction takes place in a routine clinical setting without law enforcement involvement.
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The state must prove its allegations by clear and convincing evidence. This intermediate standard satisfies due process because it balances the parent's fundamental liberty interest against the state's interest in protecting the child from harm.
…131, 144 (D. Finkelhor, R. Gelles, G. Hataling, & M. Straus eds. 1983). In families where wifebeating takes place, moreover, child abuse is often present as well. Violence Against Women, supra , at 12. Other studies fill in the rest of this troubling picture. Physical violence is only the most visible form of abuse.…