What exactly qualifies as child abuse? In Michigan, when we discuss child abuse or neglect that causes harm or injury, we mean both intentional and inadvertent behavior. You never know what might result from an abusive act or its consequences.
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Your child might experience certain things. It may be considered abuse if you strike your child with a wooden hanger and they get welts on their faces. You might consider it neglect if your child is hurt while playing, but you can’t always be holding them. They must play, and the possibility of injury or harm exists at all times.
How Michigan Sees Child Abuse: Recognizing and Addressing Cases of Abusing a Child
In the past, parents would frequently “hit” their children when they were disobedient. If you make a mistake, you get the belt. Sometimes it was done with the hands, and other times it was done with the belt. You get the spanking of your bottom. These incidents are real. It was a crucial part of parenting.
Actual physical punishment is no longer practiced nowadays. Parents don’t smack their children anymore. It is not illegal but it needs to happen between children and their parents.
There is a distinction between disciplinary action and abuse.
The legal definition of child abuse in Michigan is harm or threatened harm to a child’s health or welfare resulting from non-accidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment by a parent, legal guardian, or any other person in charge of the child’s care.
The legal definition of child neglect in Michigan is: “Harmed or threatened harm to a child’s health or welfare caused by a parent, legal guardian, or any other person in charge of the child’s health or welfare that results from either: (1) carelessness in treatment, such as failing to provide adequate food, clothing, shelter, or medical care; or (2) putting a child at an unreasonable risk to the child’s health or welfare by the parent, legal guardian, or other person in charge of taking reasonable care of the child.”
Child neglect is the failure to provide for a child or the failure to act while the child is already being hurt, resulting in injury or the fear of harm to the child. A case of child neglect merely requires a careless act or inaction rather than intentional behavior to harm the child.
What Kinds of Child Abuse Allegations Can Be Hurled At You
Child abuse can come and manifest in many forms of injuries or actions. Many forms of accusation can be hurled at you, more particularly from a vindictive or malicious spouse.
Spanking.
The act of striking a child, typically on the bottom, as a form of punishment is known as spanking. Even though a parent in Michigan is permitted to spank their child “using reasonable force,” numerous parents have been accused of crimes for no other reason than that they were trying to discipline their children.
Child neglect.
When a parent or other adult does not provide a child’s basic requirements, that person is guilty of child neglect. These include clothing, access to food and water, and a safe place to live. However, this can also refer to failing to give a child the essential education and medical treatment.
Physical abuse.
A child experiences physical abuse when their body is violated. This includes striking, kicking, biting, burning, whipping, and beating. However, it also includes purposeful deprivations of the necessities for a child’s survival. Depriving a child of food and water, a bed to sleep in, or clothing could be considered physical abuse in this sense.
Sexual abuse.
Any type of sexual assault committed by an adult against a child is considered sexual abuse of a child. Statutory rape, molestation, solicitation of a minor, attempt at unlawful sexual activity, and indecent exposure are some examples of this. If found guilty, a person may serve a lengthy jail sentence in addition to being compelled to register as a sex offender.
Child on child abuse.
Child-on-child abuse occurs when one child injures, harasses, sexually attacks, or otherwise takes advantage of another child. In these situations, the abuse is frequently later attributed to an adult. Typically, this kind of violence takes place amongst siblings inside households. But it’s been documented to happen between foster children in foster families and even in classrooms.
Child endangerment.
Child Endangerment occurs when a parent or caregiver does something that puts a child in danger, even if the child is not really injured. This is frequently employed when an adult driving under the influence of alcohol has a passenger under the age of 18 in the car. OWI Child Endangerment is the term used to describe this.
Unexplained injuries.
Unexplained injuries are those that a child sustains that cannot be explained. Or, if an explanation exists, it is inconsistent with the type or severity of the damage. In situations like this, the police and CPS frequently believe that the parent is lying to cover up child abuse. Criminal inquiries and accusations of abuse are frequently the results of unexplained injuries on youngsters.
Infant injuries.
It is common for parents to be accused of abusing their children as a result of infants who have wounds. Infants cannot hurt themselves and are entirely dependent on their parents and other caregivers to take care of and protect them, therefore any injuries are immediately blamed on the person in charge of looking after them. There is a good chance that the parent will be under investigation for child abuse even if there is a completely plausible account of what occurred to cause the injury or if the parent genuinely does not know what happened.
Burns.
Medical personnel frequently view burn injuries in children, particularly those brought on by contact with hot objects, scalding, and immersion in hot liquid, as suspect. A parent should anticipate intense scrutiny and perhaps being accused of child abuse if they seek medical attention for a child who has suffered burns.
Child Abuse Is A Matter Of Degrees
There are several degrees of what constitutes child abuse, and if you are found guilty, you will be subject to a number of sanctions. No matter how serious the offense, the perpetrator will serve time in prison.
Child Abuse in the Fourth Degree
Fourth-degree child abuse occurs when a person recklessly causes a kid to suffer physical harm, or when a person knowingly or willfully does anything that, in the given situation, places a child at risk of suffering harm, even if nothing of the like occurs.
According to Michigan law, fourth-degree child abuse is a misdemeanor. The maximum jail term for it is one year.
Child Abuse in the Third Degree
When a person knowingly or purposefully does something to hurt a child physically, that behavior is considered third-degree child abuse. The prosecutor must demonstrate that the child was genuinely harmed in this case, not only put in danger of injury.
According to state law, third-degree child abuse is a crime that carries a maximum two-year jail sentence.
Child Abuse in the Second Degree
When a parent or guardian deliberately fails to provide for a child’s fundamental necessities of food, clothes, or shelter, causing the child substantial physical harm, this is referred to as second-degree child abuse. Or, even if the kid is not actually damaged, it could mean acting knowingly or purposefully in a way that the child is likely to suffer substantial physical or mental harm.
Finally, it can also refer to doing anything to a child that is regarded as “cruel” on purpose or with knowledge. “Cruel” in this context refers to any severe, barbaric, sadistic, or torturous behavior.
For first violations, there is a maximum prison term of 10 years; for second and subsequent convictions, the maximum prison term is twenty years.
Child Abuse in the First Degree
Knowingly or purposefully causing “severe physical or mental injury” to a child is referred to as first-degree child abuse. In order to qualify as physical harm, an injury must be considered substantial, such as internal injuries, burns, fractured bones, or burns to the head. Serious mental injury is defined as affecting a child’s capacity to manage life’s demands mentally or negatively affecting the child’s judgment or behavior.
First-degree child abuse is a crime in Michigan and carries a maximum sentence of life in prison or any number of years.
Anyone dealing with allegations of child abuse or neglect will become unable to think clearly. Most people will react out of rage and frustration, which frequently misleads the police and/or CPS.
For the sake of the child’s protection, CPS must initially respond to the claims as if they were true. This can entail removing a child from the home while an inquiry is ongoing. Every action or statement you make could have a long-lasting effect on a case of child abuse or neglect.
To prevent making mistakes or implicating yourself, it is essential to hire an attorney as soon as possible to clear your name.
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