Who is Responsible When a Child is Neglected

Child Law

a

Pursuant to Chapter 39 of the Florida Statutes, certain persons, including but not limited to, doctors, nurses, teachers, and other school officials, have an affirmative obligation to report suspected cases of child abuse. If they fail to report or if they incorrectly report the incident, they may be subject to civil or criminal penalties. Thus, the teacher and the school nurse are included in this fact pattern. If they fail to report or incorrectly report the incident, they may face civil or criminal penalties. Chapter 39 includes anyone as having an obligation to report suspected cases of child abuse, such as any person who knows, or has reasonable cause to suspect, that a child is abused, abandoned or neglected.

b

If a protective investigation is initiated pursuant to Chapter 39 of the Florida Statutes, the State Department of Children and Families is obligated to work with law enforcement to investigate the case. This is because the State Department of Children and Families is responsible for protecting and ensuring the safety and well-being of children in Florida. By working with law enforcement, the Department can better investigate any suspected cases of child abuse or neglect and ensure that appropriate action is taken to protect the child.

c

Child abuse registries are intended to be used as a tool for child protective services and other organizations to screen individuals who may have a history of child abuse. They are registries are used to help identify individuals who have been found to have committed child abuse or neglect in the past. The information provided in a registry includes the name of the perpetrator, details about the abuse/neglect incident (date, location, type of abuse, etc.), and any other relevant information. Names are added to the registry after a court has found an individual guilty of a crime related to the abuse or neglect of a child. The primary purpose of child abuse registries is to protect children from future abuse or neglect. Parents may have the right to petition to have their name removed from the registry, but the process and outcome may vary depending on the jurisdiction. Generally speaking, the parent must demonstrate that they have taken steps to correct their behavior and improve their parenting skills. In some cases, the court may also consider the amount of time that has passed since the incident occurred.

d

The state does not have an affirmative legal obligation to protect children from abuse. Deshaney v. Winnebago County is a United States Supreme Court case from 1989. The case involved a young boy named Joshua Deshaney who was repeatedly beaten by his father, despite being known to child welfare authorities. Joshua's mother filed a lawsuit against the county and various county officials, alleging that they had failed to protect Joshua from the abuse and that this failure was a violation of his rights under the Fourteenth Amendment of the United States Constitution.