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STATISTICS TELL US us that as many as a quarter of our children may be victims of physical
or sexual abuse or neglect. Chances are you know some of these children. State law requires you to notify the appropriate authorities whenever you suspect that a child is abused or neglected. This
brochure will help you recognize abuse and understand your legal obligation to report it.
The violence that pervades our schools and streets today does not occur spontaneously. Children who suffer neglect and abuse carry the scars into adulthood and, too often, re-create their
pain in themselves and in others. Boys who are victims are far more apt to become violent in their homes, in school, and on the streets. Female victims -- along with their children -- tend to be further
exploited and victimized. It is immensely important that we break this cycle of violence, and every one of us must be involved in the effort.
Your legal obligation
ANYONE "HAVING CAUSE to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect" MUST report the case immediately
to a law enforcement agency or to the Texas Department of Protective and Regulatory Services (TDPRS), formerly the Department of Human Services. TDPRS has a toll-free 24-hour Abuse Hotline:
1-800-252-5400. If a child is in immediate danger, call 911 or local law enforcement immediately.
Current law requires that professionals such as teachers, doctors, nurses, or child daycare workers must make a report within 48 hours. Failure to report suspected child abuse or neglect is a
class B misdemeanor punishable by imprisonment of up to 180 days and/or a fine of up to $2000 (Texas Family Code, Chapter 34)
Your legal protection
Your report of child abuse or neglect is confidential and immune from civil or criminal liability as long as the report is made in "good faith" and "without malice."
"Good faith" means the person making the report took reasonable steps to learn facts that were readily available and at hand. "Without malice" means that the person did not intend to
injure or violate the rights of another person. Provided these two conditions are met, you will also be immune from liability if you are asked to participate in any judicial proceedings that might result
from your report.
Is your own child abused?
If you are a child's parent or guardian, you have a legal obligation to protect your child. If you permit your child to be in a situation where he or she may be injured, then you yourself
may be prosecuted for child abuse. The fact that the abuser is your husband, wife, or other family member does not affect your obligation to report the abuse nor shield you from being involved in legal
proceedings resulting from the abuse.
If you are frightened for your own safety as well as that of your children, call 1-800-252-5400. Call this number for assistance with any form of abuse, including the abuse of elders,
children, spouses, or the disabled.
When does punishment become abuse?
All children must be taught acceptable behavior. They respond best when rewarded for positive behavior. Children do not learn good behavior from being slapped, kicked, shaken, yelled at, or
shoved. Discipline that causes physical or emotional injury is abuse and is a violation of the law.
If you are frustrated or disappointed about your child's behavior, call your school district and ask about the Parents and their Children classes. If you are uneasy about your own
behavior toward your child, call: Parents Anonymous toll-free hotline (1-800-554-2323). If you are concerned about someone else's behavior toward any child, seek help for the child immediately.
Suspect physical abuse when you see:
- Frequent injuries such as bruises, cuts, black eyes, or burns, especially when the child cannot adequately explain their causes.
- Frequent complaints of pain without obvious injury.
- Burns or bruises in an unusual pattern that may indicate the use of an instrument or a human bite; cigarette burns on any part of the body.
- Aggressive, disruptive, and destructive behavior.
- Lack of reaction to pain.
- Passive, withdrawn, and emotionless behavior.
- Fear of going home or seeing parents.
- Injuries that appear after the child has not been seen for several days.
- Unseasonable clothes that may hide injuries to arms or legs.
Suspect neglect when you see:
- Obvious malnourishment.
- Lack of personal cleanliness.
- Torn and/or dirty clothes.
- Obvious fatigue and listlessness.
- A child unattended for long periods of time.
- Need for glasses, dental care, or other medical attention.
- Stealing or begging for food.
- Frequent absence from or tardiness to school.
Suspect sexual abuse when you see:
- Physical signs of sexually transmitted diseases.
- Evidence of injury to the genital area
- Pregnancy in a young girl.
- Difficulty in sitting or walking.
- Frequent expressions of sexual activity between adults and children.
- Extreme fear of being alone with adults of a particular sex.
- Sexually suggestive, inappropriate, or promiscuous behavior.
- Knowledge about sexual relations beyond what is appropriate for the child's age.
- Sexual victimization of other children.
A disclosure should always be taken seriously, as children very rarely lie about having been sexually abused. If a child discloses sexual abuse to you, remain calm and listen.
If you are the first person the child tells about sexual abuse, your testimony as "outcry witness" may be especially important in future legal proceedings. What you say the child
told you is not considered hearsay but is admissible evidence in a trial involving a sexual offense against a child. This exception applies only to the first person the child approaches.
If you have reason to believe a child is being abused, DON'T try to investigate. DON'T confront the abuser. DO report your reasonable suspicions. It is then the responsibility of
TDPRS to investigate. Even if your report does not bring decisive action, it may help establish a pattern that will eventually be clear enough to help the child.
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