Spotlight on Criminal Justice: Observing National Child Abuse Prevention Month – April
April is Child Abuse Prevention month, an initiative that began and was championed by Prevent Child Abuse America. Child abuse and neglect result in serious harms that extend beyond the actual incidents and can produce life-long consequences including difficulty forming healthy relationships; increased risk of engaging in unprotected sex; and greater chances of teen pregnancy and sexually transmitted diseases. Children who were abused or neglected are 11 times more likely to engage in criminal behavior as adults. Each year, 3.6 million cases of child abuse are reported in the United States—but for every one reported case, an estimated two go unreported. Child neglect is the most common form of abuse, representing almost 60 percent of abuse cases. Girls experience higher rates of abuse than boys. Additionally, more than a quarter of victims are under the age of two years old, and most are victimized by their parents.
Child Abuse and Neglect Defined
Child abuse and neglect are defined by state and federal criminal and civil laws. The federal Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as “any recent act or failure to act on the part of a parent or caregiver that results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act that presents an imminent risk of serious harm.” The Justice for Victims of Trafficking Act of 2015, in response to increased awareness of the sex trafficking of minors, amended CAPTA to include a special rule finding that, “A child shall be considered a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in § 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in § 103(9)(A).”
State laws include in their definitions the various forms of neglect and physical, emotional, and sexual abuse. According to The Children’s Bureau, physical abuse is generally defined as “any nonaccidental physical injury to the child,” and can include striking, kicking, burning, or biting the child, or any action that results in a physical impairment of the child. Neglect is defined by parental or guardian failure to provide “needed food, clothing, shelter, medical care, or supervision to the degree that the child’s health, safety, and well-being are threatened with harm.” A little more than half of the states and territories also include failure to provide education in their statutes. All states have statutes defining sexual abuse and most include language specific to sexual exploitation. Almost every state and territory have laws defining emotional abuse, commonly referred to as, “injury to the psychological capacity or emotional stability of the child as evidenced by an observable or substantial change in behavior, emotional response, or cognition” and injury as evidenced by “anxiety, depression, withdrawal, or aggressive behavior.” Some states include parental substance use in their child neglect and abuse laws and approximately half of the states include language that is specific to abandonment.
Intersectionality of Child Abuse and Neglect and the Criminal Justice System
Childhood abuse and neglect are adverse childhood experiences (ACEs) that increase the potential for future violence, victimization, and crime. Beyond protecting the most vulnerable members of our society, preventing and recognizing the signs and symptoms of abuse and neglect can lead to safer communities. In an analysis of 31 research studies examining the link between ACEs and crime, researchers found that childhood maltreatment in juveniles was associated with a 50 percent increase in the likelihood of future criminal activity and that abuse and neglect were correlated with a 47 and 45 percent increase in youth recidivism, respectively. One of the longest-running national studies examining the long-term effects of child abuse and neglect, the Lehigh Longitudinal Study, found that childhood abuse increased the risk of crime commission in adulthood, including cycles of violence where victims of violence become perpetrators of violence. Abuse and neglect do not specifically cause crime, but the cognitive impact of trauma mixed with maladaptive coping skills and antisocial relationships does place victims at increased risk of future illegal activity, specifically violence.
Resources for Education, Prevention, and Treatment
The Children’s Bureau, under the U.S. Department of Health and Human Services Administration for Children and Families, published a 2023/2024 Prevention Resource Guide. The guide promotes expanding access to the resources families need to increase the protective factors that eliminate or mitigate the likelihood of neglect and abuse. There are a number of individual, family, and community-level protective factors that support the development of safe, stable, and nurturing relationships where children and families feel taken care of and have the resources they need to thrive.
Educating the community about the signs and symptoms of neglect and abuse is paramount. While not exhaustive, the Mayo Clinic lists behavioral changes, such as changes to sleep, appetite, aggression, social engagement, school absenteeism, poorer academic performance, and avoidance of certain situations as potential indicators of abuse. Similarly, unexplained injuries or injuries that do not match the injury explanation, the presence of sexually transmitted disease or pregnancy, and genital or anal pain or injury can be indicative of physical or sexual abuse. Behaviors that are associated with neglect include but are not limited to poor growth; personal cleanliness; school attendance; excessive weight with medical complications that are not being adequately addressed; lack of clothing or supplies to meet physical needs; hoarding or stealing food; and lack of appropriate attention for medical, dental or psychological problems or lack of necessary follow-up care. Parental behaviors can also indicate neglect and abuse. For example, showing little concern or regard for the child, utilizing excessive discipline, blaming the child for problems, restricting the child’s access to others, and belittling or berating the child are signs and symptoms of neglect and abuse.
Any suspicion of child neglect and abuse should be reported to the state or county child protective services agency or the local police department. Some occupations like school employees, medical professionals, religious leaders, peace and police officers, and social service providers are also mandated to report suspicions of neglect or abuse. The law also requires adult family members who are responsible for the care and welfare of the child to report suspected child neglect and abuse. Failure to report can result in misdemeanor or felony criminal charges.
When children and juveniles do come to the attention of the criminal justice system, it is imperative that officials recognize any underlying abuse or neglect they experienced and respond accordingly. System responses that exacerbate trauma, such as putting juveniles in adult jails, are a waste of tax dollars and compromise public safety by turning adolescents into hardened criminals. While juveniles need to be held accountable for their behavior, over-policing them in schools and in the community, as opposed to prioritizing community-based resources and restorative justice strategies, is counterproductive and produces more long-term harm. Pre-arrest deflection and diversion lead to better individual outcomes and community wellbeing.
Conclusion
According to The National Institutes of Health, child maltreatment is an ongoing public health crisis, costing taxpayers an annual rate of $116 million in hospital admissions. Maltreatment referrals have increased since 2015 and health care costs also continue to increase, the majority of which are covered by government insurance in cases of child maltreatment. In Tennessee alone, experts estimate that substantiated claims of child neglect and abuse costs the state between $3.33 and $4.97 billion per year. The social costs stemming from the impact of neglect and abuse and their association with poorer academic performance, risky sexual behavior, and crime are incalculable.
Parents and guardians are urged to call 2-1-1 or 9-8-8 to access support resources to prevent neglect or abuse. Each state has their own toll-free phone numbers to report suspected neglect or abuse. A comprehensive list can be found here. The Childhelp National Child Abuse Hotline has counselors available 24 hours a day, seven days a week, that provide crisis intervention, information, and referrals to thousands of emergency, social service, and support resources. Child neglect and abuse can also be reported through the hotline and all calls, which can be conducted in more than 170 languages, are confidential. The National Center for Missing and Exploited Children provides guidance on how to report inappropriate online communication with a minor and online sexual exploitation of a child.
Educating the public about the resources that are available to reduce household stress and instability is the foundation of preventing child neglect and abuse. Raising awareness of the signs and symptoms of and sharing information on how to report suspected child maltreatment can prevent the neglect or abuse from escalating. Introducing protective measures and treatment at the earliest possible point in a child’s life can mitigate the physical and emotional harm and, potentially reduce the likelihood of future engagement in risky, illegal, or violent behavior. Preventing childhood neglect and abuse is essential to the development of safe, stable, healthy families, and improving the well-being of our communities.