child abandonment
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The document discusses child neglect and abandonment laws in Florida and Nebraska. It provides definitions of child neglect according to Florida law, including willfully or negligently failing to provide necessary care, supervision, or medical services. It then discusses Nebraska's original safe-haven law that allowed parents to abandon children of any age without prosecution, which resulted in over 30 children being abandoned, some as old as 17. The law was then changed on Friday to limit abandonments to infants under 30 days old.
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In the Matter of Trevor Jones
On May 5, 2018, the Division of Child Protection and Permanency (DCPP, formerly known as “DYFS”) was contacted by a teacher to report concerns regarding Trevor Jones, age 7. The teacher alleged that Trevor has a large bruise on his arm a few weeks ago, engaged in disruptive behavior, exercised very little self-control, hit other students and threatened to harm himself. The Division conducted its investigation, but determined that the neglect allegation was unfounded.
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2. Is Trevor an abused or neglected child? If so, what types of abuse are present?
3. As an advocate for Trevor, what types of assistance do you think he needs?
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2. Child Neglect
3. Child Abandonment
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Abandoned” means a situation in which the parent or legal custodian of a child….makes no provision for the child’s support and makes no effort to communicate with the child which situation is sufficient to evince a willful rejection of parental obligations. Fla. Stat. 39.01(1) (2005)
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Abuse” means any willful act or threatened act that results in any physical, mental or sexual injury or harm that causes or is likely to cause the child’s physical mental or emotional health to be significantly impaired. Child abuse includes acts or omissions. Corporal discipline of a child by a parent for disciplinary purposes does not constitute abuse when it does not result in harm to the child. (Fla. Stat. 39.01(2) (2005))
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Neglect” occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. If the circumstances are caused primarily by financial inability, they do not constitute neglect unless actual services for relief have been offered and rejected. (Fla. Stat. 39.01(45) (2005))
Defining Child Abuse, Neglect and Abandonment
Pursuant to Chapter 39,
“Dependent” children are those children that have been found by a court to have been abandoned, abused or neglected or to be at substantial risk of imminent abuse, abandonment or neglect by the parents or legal custodians. (Fla. Stat. 39.01(14) (2005))
Taking Dependent Children into State Care
If a law enforcement official or an agent of the department has taken a child into physical custody and there is probable cause to believe the child has been abused, abandoned or neglected or is at imminent risk of being abused abandoned or neglected, the department shall file a shelter petition with the court bringing the child before the court within 24 hours of removal of the child. (Fla. Stat. 39.401(3) (2005))
Taking Dependent Children into State Care
A child taken into custody may be placed or continued in a shelter only if the court has made a specific finding of fact regarding the necessity for removal of the child from the home and has made a determination that the provision of appropriate and available services will not eliminate the need for placement. (Fla. Stat. 39.402(2) (2005))
To continue the child in shelter, the department must establish probable cause that re ...
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- 3. A child can be abandoned at any age