Child Abuse/Neglect

If you’ve been accused of child abuse or child neglect, you may be looking at some pretty serious penalties.  Not only are you at risk of losing custody of your children; you could also be charged with a felony and wind up behind bars.

What Constitutes Abuse? 

The Federal Child Abuse Prevention and Treatment Act (CAPTA) defines abuse as an act or lack of action by parents and/or caregivers that lead to severe emotional or physical outcomes, exploitation or sexual abuse, or a failure to act that results in serious harm. Examples might include:

• Severe spanking, hitting, punching, burning, shaking, and other physical punishments;
• Sexual abuse;
• Locking kids in a closet or restraining them to their beds;
• Withholding necessities such as food or water as a punishment;
• Verbally harsh comments or name calling that is intended to shame or humiliate.

What Constitutes Neglect? 

Neglect is probably the most common form of child abuse according to CAPTA, and is defined as a parent or guardian’s failure to ensure a child has necessary clothing, food, supervision, and shelter. Examples of failure to provide appropriate care include:

• Underfeeding or feeding only limited foods (such as cereal only);
• Not providing a clean and safe environment;
• Not bathing children or providing clean clothing;
• Failing to provide appropriate medical and dental care;
• Not providing clothing that is weather-appropriate;
• Indifference toward a child;
• Leaving a child in a hot vehicle;
• Leaving a child alone for extended periods of time that is inappropriate for the age of he child;
• Experiencing inebriation or drug abuse in the presence of the child.

Nevada State Law

 In addition to the definitions in federal law, under Nevada state law abandonment is also listed as a form of child abuse—which is essentially the lack of supervision for a length of time.

What’s Not Abuse or Neglect? 

Parents are very much in the spotlight these days, and parenting methods are often critiqued by outsiders. Parents needn’t be concerned about charges that lack merit, including for disciplinary actions such as the following:

• Relinquishing a newborn for adoption;
• Day-to-day discipline techniques that include:
  • Discussions with the child about right and wrong;
  • Setting reasonable limits for behavior that are age-appropriate;
  • Removing access to a toy, phone, computer, etc. for a period of time;
  • Ignoring bad behaviors and allowing natural consequences to follow (as long as they are not dangerous);
  • Redirecting misbehavior;
  • Using time-outs for time periods that are age-appropriate (generally one minute per age is considered about right).

Unjustly Accused? 

If you have been unfairly accused of child abuse or neglect, you need an aggressive and tenacious criminal defense attorney who can intervene before your life becomes unraveled.  At Lobo Law, our experienced Las Vegas criminal defense attorneys will fight for the best outcomes for you. To discuss, schedule a confidential consultation in our Las Vegas Office today.

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