Child Abuse Lawsuits And Cases - Frequently Asked Questions (faqs) About This Issue

Child abuse is a serious matter and can prove quite complicated as well. Children who have been abused and even the parents or loved ones of the abuse child may wonder what legal recourse or resources are available for assistance. Below are some of the most frequently asked questions people have about child abuse.

WHAT DO I DO IF I SUSPECT A CHILD IS BEING ABUSED?

Child advocacy centers offer services to assist you assess whether your suspicions warrant making a formal report. The National Childrens Alliance at www.nca-onling.org will put you in touch with your local center. Another option is Child Abuse Helplines, who have trained staff to handle your questions.

A formal complaint is made to Child Protective Services and/or your local police. Each state has its own requirements for making a report. If in doubt, contact your local police who will have the necessary information. In some states, a toll-free line is available to receive your report.

Professionals working with children are legally obligated to report suspected child abuse.

Child abuse reports can be made anonymously.

WHAT LAWS GOVERN CHILD ABUSE?

The Federal Child Abuse Prevention and Treatment Act is the basis for state child protection laws. Each state, in accordance with the Federal Act, defines forms of child abuse.

WHO IS RESPONSIBLE FOR LAYING CHILD ABUSE CHARGES?

Child Protective Services agencies investigate reports of child abuse. If the agency determines abuse has occurred, the agency has a number of choices. Services and treatment may be mandated, with appropriate follow-up by the agency. Affected children may be placed in foster care. Some cases may be referred to juvenile or family courts, while others may be submitted to criminal courts.

WILL THE CHILDS NAME BE MADE PUBLIC?

Every state has individual law with regard to disclosure of a child abuse victims identifying information. The majority of the states have either closed proceedings or judiciary discretion to close the proceedings.

IF MY CHILD HAS BEEN ABUSED, DO I NEED A LAWYER?

If your child has suffered emotional and/or physical injuries from the actions of an abuser, you may have recourse through a civil proceeding against the alleged abuser to obtain monetary damages. This option may exist even if criminal proceedings are pursued against the abuser. The burden of proof differs between civil and criminal court actions. A civil court action must be filed within a time period specified in each states laws or it will not be permitted. Child abuse lawsuits are complex and a consultation with a lawyer is recommended.