We often talk about child abuse and neglect together, so many people may think that abuse and neglect are different words for the same thing. But abuse and neglect are two different things. Abuse is certain behavior that harms the child, and neglect is failure to provide the child with things that they need.
Child Neglect
Neglect happens when a parent is not providing something to their child that they should be providing. Parents are expected and obligated to provide their children with clothing, shelter, food, water, education, and healthcare. If a parent is not providing these things, that is child neglect. Neglect is the absence of something that the child should be experiencing, while child abuse is the presence of something that the child should not be experiencing.
Although neglect is a failure to provide the child with things that they need like food, shelter, and healthcare, the parent will only be found to be neglectful if the parent was able to provide for the child and did not. If the parent is unable to provide food, shelter, clothing, and healthcare for the child due to extreme poverty, the state will still step in to provide for the child, but this is not considered neglect.
Child Abuse
Abuse occurs when someone is physically, emotionally, verbally, or sexually harming the child. Physical abuse can include things like hitting, striking, burning, cutting, or beating a child. Sexual abuse can include things like inappropriate touching, rape, molestation, or filming child pornography. Child abuse can also occur while the child is still in the womb. This mainly occurs when a pregnant mother uses drugs or alcohol during her pregnancy or fails to do any prenatal care.
Reporting Child Abuse and Neglect
Every state has a hotline that people can call to report child abuse or child neglect. Mississippi’s hotline number is 1-800-222-8000 or reports can be made online at https://reportabuse.mdcps.ms.gov/. Some people are required by law to report child abuse or neglect if they see it. Teachers, lawyers, childcare workers, nurses, doctors, police officers, and social workers are all mandated reporters, meaning that they are required by law to report if they suspect child abuse or neglect.
Mississippi Youth Courts
In Mississippi, reports of abuse and/or neglect to CPS get resolved in Youth Court. Youth Court proceedings are confidential to protect the children involved in these matters. If you have been accused of child abuse or neglect, it’s important to consult with an attorney or request a parent representative in the Youth Court. Failure to comply with Youth Court Orders could result in loss of custody of your children or even the termination of your parental rights in extreme cases.
Abuse and Neglect in Chancery Court
Often, allegations of abuse and/or neglect are the reason a parent may sue for a custody modification. In these cases, the Chancery Court will hear the claims of abuse or neglect instead of the Youth Court. By law, the Chancery Court is required to appoint an independent, specially trained attorney to investigate the allegations of abuse or neglect and make a recommendation to the court on the child’s best interest.
Finding an Attorney
If you have been searching the Mississippi area for a qualified, experienced attorney who understands the intersection of criminal defense and family law, look no further than Vic Carmody Jr., P.A. Our firm can handle your case with a balance of compassion and confidence to guide you through one of the most difficult times a person can go through. Contact us today for a free consultation to discuss your case and learn about your options.
Please also see us on mississippi-lawyers.com and view our reviews on avvo.com, superlawyers.com, and martindale.com. Our email address is mississippi-lawyers.com and our office phone number is (601) 948 – 4444 option 1.