CHILD ABUSE, Should I Call CPS First?
If you witness abuse, see visual marks or bruises that don’t seem normal, or hear or see something from a child or teen (Physical, Mental, Sexual), you should call Child Protective Services at 800-25-ABUSE (800-252-2873).
How Can Watson Law Help with Child Abuse?
In many family law cases there are allegations of abuse and neglect. Watson Law does not typically defend in abuse and neglect cases within the DCFS/JA courts which seek to terminate a parent’s rights (“fitness”) altogether. However, Watson Law deals with many cases wherein allegations of a parent’s abuse or neglect either against their former spouse or paramour and/or against the child. Watson Law’s attorney’s extensive background in prosecuting domestic relations courts gives Watson Law great insight into abuse in domestic relations. Starting with identifying the abuse, to getting it recognized by the Courts, and obtaining court orders for the treatment of the abuse and the protection of the parties and/or children.
Furthermore, while many behaviors by a former paramour may not rise to the level of statutorily defined “abuse”, Watson Law is renowned for identifying toxic behaviors between family units and working with the Courts to obtain court ordered treatments and restraining orders against the toxic behaviors. Often the key to a long working joint parenting final order is identifying these toxic traits and stopping them for the health and well-being of all parties and children involved.
What is Child Abuse?
Physical Abuse
Citation: Comp. Stat. Ch. 325, § 5/3
‘Abused child’ means a child whose parent, immediate family member, any person responsible for the child’s welfare, any individual residing in the same home as the child, or a paramour of the child’s parent does any of the following:
- Inflicts, causes, allows to be inflicted, or creates a substantial risk of physical injury by other than accidental means that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function
- Commits or allows to be committed an act or acts of torture upon the child
- Inflicts excessive corporal punishment
- Commits or allows to be committed the offense of female genital mutilation
- Causes a controlled substance to be sold, transferred, distributed, or given to the child under age 18, in violation of the Illinois Controlled Substances Act or Methamphetamine Control and Community Protection Act
- Commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons, as defined in chapter 720, § 5/10-9, against the child
- Commits the offense of grooming, as defined in chapter 720, § 5/11-25, against the child
Neglect
Citation: Comp. Stat. Ch. 325, § 5/3
‘Neglected child’ means any child to whom any of the following applies:
- Is not receiving proper or necessary nourishment or medically indicated treatment, including food or care, that is not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician, or otherwise is not receiving the proper or necessary support or medical or other remedial care as necessary for a child’s well-being
- Is not receiving other care necessary for their well-being, including adequate food, clothing, and shelter
- Is subjected to an environment that is injurious insofar as the following:
- The child’s environment creates a likelihood of harm to the child’s health, physical well-being, or welfare.
- The likely harm to the child is the result of a blatant disregard of parent or caregiver responsibilities.
- Has been provided with interim crisis intervention services under chapter 705, § 405/3-5, and whose parent, guardian, or custodian refuses to permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the parent, guardian, or custodian has not made any other appropriate living arrangement for the child
- Is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance or a metabolite thereof
Sexual Abuse/Exploitation
Citation: Comp. Stat. Ch. 325, § 5/3
The term ‘abused child’ includes a child whose parent, immediate family member, person responsible for the child’s welfare, individual residing in the same home as the child, or paramour of the child’s parent commits or allows to be committed any sex offense against the child, as such sex offenses are defined in the Criminal Code of 2012 (chapter 720, § 5/1-1, et seq.) or in the Wrongs to Children Act (chapter 720, § 150/0.01, et seq.), and extending those definitions of sex offenses to include children younger than age 18.
Emotional Abuse
Citation: Comp. Stat. Ch. 325, § 5/3
The term ‘abused child’ includes impairment or substantial risk of impairment to the child’s emotional health.
Abandonment
Citation: Comp. Stat. Ch. 325, § 5/3
The term ‘neglected child’ includes a child who is abandoned by their parents or other person responsible for the child’s welfare without a proper plan of care.
Standards for Reporting
Citation: Comp. Stat. Ch. 325, § 5/4
A report is required when a mandatory reporter has reasonable cause to believe a child known to them in their professional or official capacity may be an abused or neglected child.
Persons Responsible for the Child
Citation: Comp. Stat. Ch. 325, § 5/3
A ‘person responsible for the child’s welfare’ includes the following:
- The child’s parent, guardian, foster parent, or relative caregiver
- Any person responsible for the child’s welfare in a public or private residential agency or institution
- Any person responsible for the child’s welfare within a public or private profit or not-for-profit child care facility
- Any other person responsible for the child’s welfare at the time of the alleged abuse or neglect, including any person that is the custodian of a child under age 18 who commits or allows to be committed against the child the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in chapter 720, § 5/10-9
- A person who came to know the child through an official capacity or position of trust, including, but not limited to, health-care professionals, educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse or neglect
Exceptions
Citation: Comp. Stat. Ch. 325, § 5/3
A child shall not be considered abused or neglected if any of the following apply:
- The child is a newborn who has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
- The presence of a controlled substance in a child or a newborn is the result of medical treatment.
- The child has been left in the care of an adult relative.
- The child’s parent relies on spiritual means through prayer for the treatment of disease.
- The child is not attending school as required by the School Act.
Information provided by: https://www.childwelfare.gov/resources/definitions-child-abuse-and-neglect-illinois/
What is the Process of Child Abuse?
In Illinois, the process of a child abuse case includes:
- Initial investigation: The Illinois Department of Children and Family Services (DCFS) determines if there’s enough information to take a report.
- Formal investigation: If there’s reasonable cause to believe abuse or neglect occurred, a formal investigation is launched. A Child Protection Investigator (CPI) is assigned to the case.
- Safety of the child: The CPI’s first priority is to ensure the child’s safety. The CPI will:
- Visit the child within 24 hours
- Interview the child, parents, caregivers, and witnesses
- Visit the scene of the alleged abuse or neglect
- Create a safety plan if needed
- Remove the child from the home if the CPI believes the safety plan won’t be enough
- Investigation: The CPI has 60 days to complete the investigation. The investigation includes:
- Determining if there’s reliable evidence of abuse or neglect
- Deciding if the child is at risk of future abuse or neglect
- Deciding if DCFS can help the family with services
- Final determination: DCFS notifies the alleged perpetrator and the child’s caretakers of the final determination in writing.
- Appeals: You can request an appeal within 60 days of the notification date. The prehearing, evidentiary hearing, and final administrative decision must be completed within 90 days of the appeal request.