Child abuse may result in termination of parental rights via a court order that permanently severs the legal parent-child relationship if the court finds one or both parents to be unfit, or when one or both parents give up their parental rights so that an adoption can take place. Child Protective Services (CPS) are responsible for protecting children from abuse or neglect. CPS staff are required by law to investigate reports of suspected child abuse or neglect that meet the legal definition of child abuse or neglect.
Physical abuse includes any injury to a child that is not accidental (broken bones, bruises, burns, cuts and other injuries) or any action which could have seriously harmed the child but luckily did not (striking a child with a weapon, discharging a gun in the presence of a child, or other similar actions).
Emotional abuse includes making a child feel that they are not loved or that they are bad or have no value (demeaning or belittling a child, not allowing a child to have friends, name calling, and other similar behaviors). Domestic violence incidents may also be considered emotionally abusive to children.
Neglect may include not providing a safe home, food, clothing, or medical/dental care, as well as leaving a young child alone or with someone who is not able to care for him/her, driving while intoxicated with an unrestrained child in the car, etc. Failure to supervise older children can also be considered neglect.
Sexual abuse includes using a child for sex acts, taking pornographic pictures of a child, prostituting a child, or other types of sexual activity with a child. There are other actions that can be considered types of child abuse and neglect and, in each case, it must be considered whether the child’s health, safety, or welfare has been harmed or is at risk of harm.
California courts may terminate parental rights in different ways:
The child becomes a ward of the court when someone (usually CPS) reports mistreatment. Termination is involuntary when the court finds that the parent(s) have abused, neglected, or abandoned a child, and/or that the parents suffer from some mental or physical incapacity, including substance abuse, that prevents them from caring for the child.
The court may terminate with the consent of the non-custodial parent, or without their consent if the court finds that the parent has willfully abandoned the child.
If you have a question regarding Family Law in Los Angeles please contact us at (818) 926-4420 or visit the Family Law section on our website at Law Offices of Anat Resnik. Call today and we will connect you with Anat Resnik, an experienced, aggressive, affordable Divorce and Family Law Attorney in Encino. After you have spoken with our Los Angeles Family Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of filing for Divorce, a Paternity issues, Child Custody and Visitation, Spousal Support & Alimony, etc. we can help! Call us now at(818) 926-4420. We look forward to hearing from you and assisting you with any and all family law needs.