During the early 1970s Senator Walter Mondale launched a crusade to address the plight of low-income children. In 1974 Mondale finally succeeded in persuading Congress to enact the Child Abuse Prevention and Treatment Act. CAPTAs definition of child abuse seems reasonable enough:
Any recent act or failure to act on the part of a parent or caretaker which results in death serious physical or emotional harm sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm."
In rapid succession states began to pass laws that expanded on this definition. So if your child exhibits an observable or substantial change in in behavior emotional response or cognition" you are likely to be found guilty of emotional abuse.
in 25 states if you fail to have your child properly educated that could well be considered a form of neglect."
Any of these scenarios will likely trigger a child welfare investigation. But in the vast majority of cases the investigation does not find anything amiss. The Health and Human Services report
Child Maltreatment reveals:
For FFY 2017 the data show approximately 3.5 million children are the subjects of at least one report. A total of 17.0 percent of children are classified as victims with dispositions of substantiated (16.3) and indicated (0.7).
The remaining children (83.0) are not determined to be victims of maltreatment or received an alternative response." emphasis added
Got that? Only one in six investigations turns up a problem. In the other five out of six cases there was no child abuse. Case closed.
In many states the definition of child abuse has been expanded so that a child who merely observes domestic violence between his or her parents is deemed to be a victim of abuse. This may become the justification for removing the child from the family home pushing the child into the highly
dysfunctional child welfare system.
In one case an abused womans supposedly confidential statements were passed along to the state child abuse agency. Shortly afterwards the agency ordered the daughter to be removed from the home. The daughter who had never suffered any physical abuse was not returned home
until 13 months later.
Some persons take advantage of these wobbly definitions to wreak legal havoc making accusations of child abuse to enhance their odds of winning child custody. According to a
national survey commissioned by SAVE 17 of persons know a person who has been the target of a falsely allegation of abuse. Of these persons 66 had been falsely accused of child abuse.
The
National Child Abuse Defense and Resource Center is a non-profit group working to preserve the rights of the falsely accused. The group explains
In child abuse cases there is the continued working hypothesis among professionals charged with protecting children that if the allegation is made abuse must have occurred and that the accused person must have perpetrated the abuse. Further it becomes the responsibility of the accused to prove otherwise." In other words the presumption of innocence flies out the window causing endless grief for the accused.
It gets worse.
Definitions of child abuse are now being manipulated to promote political agendas. In Virginia the House Health Welfare and Institutions Committee is currently debating
HB 580 a bill that would expand the current definition of an abused or neglected child" to include a child whose parent
allows to be created or inflicted upon such child a physical or mental injury on the basis of the childs gender identity or sexual orientation."
So if a Virginia parent were to object to a public school promoting transgender lifestyles or sexual practices this father or mother could well be branded as a child abuser.
Such nefarious tactics are used by proponents of what has been called the
Victim-Industrial Complex.
Child abuse is a problem in our country. But engaging in definitional gymnastics and subordinating the issue to advance political agendas will only serve to discredit the important work of legitimate abuse reduction programs weaken families and harm children.
