Understanding the Different Types of Child Abuse
Child abuse and neglect falls under a variety of categories in Virginia. It’s important to be able to recognize each and understand what constitutes abuse and neglect in the state. If you suspect a child is being abused, or your own child has been abused by someone, it’s important to reach out to a qualified Virginia family law attorney. Our team at Whitbeck Cisneros McElroy has a well-documented history of helping families through emotionally sensitive situations that involve child abuse and neglect.
The Virginia Administrative Code defines five categories of abuse and neglect. However, injuries fall under two categories: physical and mental. Virginia also recognizes the theory of threat of injury. Child Protective Services workers look at a variety of factors surrounding the alleged abuse, and may determine there was intent to harm even if no physical injuries were sustained.
Physical Abuse
When people think of child abuse, physical abuse is probably the most recognizable type. Physical abuse can occur from a parent, a caretaker, or someone the child has contact with outside the home. It encompasses anything that was not accidental and causes physical injuries, disfigurement, and/or death. Common types of physical abuse include:
- Asphyxiation
- Bone fracture or sprains
- Brain damage
- Burns
- Cuts, abrasions
- Poisoning
- Gunshots and stabbing
Exposure to certain controlled substances is also classified as physical abuse. Selling or producing drugs in front of a child can threaten the child’s safety, especially manufacturing drugs in meth labs.
Physical Neglect
Another category of abuse is physical neglect, where the child is not provided adequate food, shelter, clothing, or proper supervision. Failure to provide adequate personal hygiene and cleanliness can be classified as physical neglect. Leaving your child without a proper caretaker can be considered abandonment. Leaving your child in the care of someone who is, or should be, registered as a sex offender can be physical neglect in some cases as well.
Medical Neglect
If a parent or caretaker fails to get necessary medical, mental, or dental care, there may be medical neglect. This section doesn’t apply to the failure to obtain preventive care, and religious and cultural beliefs are taken into account. Therefore, determining medical neglect is very subjective, and each case is evaluated based on its own specific circumstances.
Sexual Abuse
While sexual abuse is also physical abuse, it is its own section under Virginia law. Sexual abuse can include sexual exploitation, which is where the parent or caretaker encourages or permits a child to engage in a variety of sexual scenarios, including pornographic photography and/or prostitution.
Mental Abuse or Neglect
The final category of child abuse centers around mental abuse or neglect. Not all injuries are visible to the naked eye. Mental neglect or mental abuse can include a wide spectrum of situations. This type of abuse can result from ignoring a child to being overprotective. Bizarre discipline or creating an atmosphere where the child is fearful or is bullied are also classified as mental abuse or neglect. To qualify as mental abuse or neglect, the CPS worker has to get documentation that supports a link between a caretaker’s actions and the child’s mental dysfunction.
Retaining a Virginia Family Law Attorney
Every situation is different and it’s important to seek assistance in situations where you suspect a child is being abused. Our Leesburg family attorneys at Whitbeck Cisneros McElroy are familiar with Virginia child abuse laws and can provide the legal guidance you need during a difficult time. Contact our office at 703-997-4982 to schedule a confidential consultation.
Resource:
dss.virginia.gov/files/division/dfs/cps/intro_page/manuals/07-2011/section_2_definitions_of_abuse_and_neglect.pdf
