What is the Difference Between Disciplining a Child and Child Abuse? Severe Criminal and Juvenile Dependency Consequences in Orange County – 2022
It is a parent’s responsibility to discipline their child in a way that ensures their safety and well-being. Unfortunately, some parents take things too far and cross the line into child abuse.
Child abuse allegations can lead to criminal charges and a juvenile dependency case against you.
If you are accused of child abuse, it is crucial to understand the consequences you may face and how to defend yourself against such charges.
If you have been accused of child abuse or neglect, call the best juvenile dependency lawyers in Orange County for a free consultation.
Do I Have a Right to Physically Discipline My Child?
Yes, but there are limits. For example, you cannot physically discipline your child in a way that causes them bodily injury. This is because bodily injuries to your child could result in criminal charges of child abuse being filed against you.
When Does Discipline Become Child Abuse Under Criminal Law?
Child abuse is a severe crime in California and can result in criminal charges.
California Penal Code 273d defines child abuse as “willfully inflicting upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.” This can include physical violence, emotional abuse, sexual abuse, and neglect.
If you are convicted of child abuse, you may be required to register as a sex offender, face jail time, and pay hefty fines.
When Does Discipline Become Child Abuse Under WIC 300?
WIC 300 defines child neglect as “the negligent failure of any person having the care or custody of a child to provide food, clothing, shelter, medical treatment, or other necessary care for the child’s well-being.”
This can include failing to provide for a child’s basic needs, such as food, clothing, and shelter. It can also include neglecting to get a child medical treatment or not providing for their safety.
If Child Protective Services (CPS) receives a report of child abuse, they will investigate the allegations. If they determine that the child was abused, they may remove the child from the home and place them in foster care.
The parents may also be required to attend counseling and classes on parenting. If you are convicted of child neglect, you may face jail time and be required to pay fines. You may also lose custody of your child.
What is a Juvenile Dependency Case?
In some cases, child abuse may also lead to a juvenile dependency case. In juvenile dependency cases, the state takes custody of a child away from their parents due to abuse or neglect.
If you are facing a juvenile dependency case, you will need to appear in court and may be required to complete counseling, parenting classes, or other services. You may also lose custody of your child.
How Can Child Abuse Lead to a Juvenile Dependency Case?
If you are accused of child abuse, you may also find yourself facing a juvenile dependency case. This case is a type of child welfare case that can be opened against parents or guardians who are accused of abusing or neglecting their child.
If a juvenile dependency case is opened against you, you may lose custody of your child and be required to complete counseling, parenting classes, or other services. You may also be subject to monitoring by a juvenile dependency court.
Defending Against Child Abuse Charges
If you have been accused of child abuse, it is vital to understand the consequences you may face and how to defend yourself against such charges.
An experienced criminal defense attorney can help you navigate the juvenile dependency system and defend you against child abuse allegations. They can also help you understand the potential consequences of a conviction and work with you to develop a strong defense.
If you are are facing allegations of abuse or neglect, or have an open dependency case, it is crucial to understand your rights in juvenile dependency cases.
You deserve to have a lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, DCFS case, or CPS case in Orange County, California, or Southern California, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.