Daycare & Child Abuse: Frequently Asked Questions
What laws exist to prevent child abuse?
State and Federal legislation exists to prevent child abuse. The federal Child Abuse Prevention and Treatment Act (CAPTA) was enacted in 1974 and amended in 1996 to become the Child Abuse Prevention and Treatment Act Amendments of 1996. CAPTA supplies states with Federal funds to support prevention, assessment, investigation, prosecution, and treatment activities as well as grant money to public agencies and nonprofit organizations for demonstration programs and projects.
How can I determine if my child has been abused?
Children may be physically, emotionally, or sexually abused in daycare facilities, schools, camps, and other settings. Experts suggest that parents look for physical symptoms or behavioral changes and talk to their children if they are old enough to discuss the problem.
Physical symptoms may include, but are not limited to, crying or fighting to get out of going to daycare, frightened behavior when away from the caregiver, unexpected bruises, abrasions, burns, broken bones, black eyes, cuts, bite marks, or repeated injuries.
Emotional symptoms may include, but are not limited to, shunning affection, overly clingy, extreme behaviors, reducing or stopping communication, acting inappropriately adult-like or infantile, delayed physical or emotional development, or unexplained headaches or stomachaches.
Sexual symptoms may include, but are not limited to, pain, itching, bleeding or bruising in or around genital areas, difficulty walking or sitting, urinary tract infections, bed wetting, reluctance to take off sweater or coat (even in warm weather), demanding to wear extra clothing (especially undergarments), or sexual behavior or curiosity beyond the child's age.
What should I do if I think that my child might have been abused at daycare or elsewhere?
If a parent thinks that his or her child has been abused at daycare, experts first suggest that the parent discuss the situation with his or her partner to determine if the child is exhibiting normal behavioral patterns or if something in the child's behavior has changed. Second, experts suggest that the parent talk with other parents whose children are in the same daycare to compare behaviors and observations. Next, if the parent still feels that some inappropriate behavior took place, daycare professionals recommend that the parent contact the local child protective services agency, the department of human services for the state, city, or county or a local law enforcement officer. Finally, authorities on daycare abuse suggest that the parent take the child to a doctor to evaluate the child's physical and emotional well being, determine the necessary treatment, and/or collect evidence if necessary.
What persons in the daycare setting are most often responsible for sexual and physical abuse?
Typically, teachers or other educational staff members do not commit sexual or physical abuse. Usually, such abuse is committed by those adults who are not directly responsible for teaching children or other child related responsibilities, including bus drivers, janitors, or relatives of the staff such as husbands or sons. According to a recent national study of child abuse in daycare centers, 36% of those children sexually abused in the daycare setting were abused by either husbands or sons of daycare workers.
Should I contact an attorney if my child has been neglected, abused, or otherwise injured in daycare?
Perhaps. It may be important for you to contact an attorney who can help you protect your child's legal rights. Only a licensed attorney can evaluate whether you have a case worth pursuing. Keep in mind however that there may be time limits (Statute of Limitations) which affect your ability to sue.
How much does an attorney evaluation cost in these types of cases?
Nothing! Attorneys associated with InjuryBoard.com will evaluate your case free of charge. If a participating attorney agrees to handle your case, you will owe no fees or other costs unless that attorney recovers money for you.
How do I submit my case for a free evaluation?
Simply click on the free Ask an Attorney button and complete the online intake form. An attorney will evaluate your case and respond to you via email.
-- Article Courtesy of InjuryBoard.com
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