Proposed Policy Child Protective Services

The Division of Child and Family Services [located at 120 N. 200 W. #225, Salt Lake City, Utah, (801) 538-4100] is proposing changes to the Child Protective Services. This page gives excerpts from the draft copy (dated June 12, 1997) that was prepared for a public hearing to be held on July 27, 1997.

I am concerned about some of the proposed statements, because they are vague and are open to differing interpretations, such that significant opportunity exists for unreasonable intervention into our families by governmental personnel. In addition, many of the statements are attempts to force us to do what the state thinks is best.

Portions of the document that concern me are given in red. My comments are given in blue.

POLICY #200: DEFINITIONS

Abuse: Actual or threatened nonaccidental [sic] physical or mental harm, negligent treatment, sexual exploitation, or any sexual abuse [UCA 62A-4a-101(1)].

Domestic Violence-Related Child Abuse: A violent physical or verbal interaction between cohabitants in a household in the presence of a child. The interaction may be a severe isolated incident or a pattern of conduct. In the presence of a child means in the physical presence of a child or having knowledge that a child is present and may see or hear an act of domestic violence [UCA 76-5-109.1].

Comment: A family argument could be considered child abuse.

Educational Neglect: The failure or refusal of a parent or guardian to make a good faith effort to ensure that a child receives an appropriate education, after receiving notice that the child has been frequently absent from school without good cause or that the child has failed to cooperate with school authorities in a reasonable manner [UCA 62A-4a-101(14)].

Comment: Some educators would consider home schooling as educational neglect.

Emotional Maltreatment: Subjecting a child to a pattern of psychologically destructive behavior such as: (a) demeaning or derogatory remarks which impact a child's development of self and social competence, (b) a systematic process of parental alienation where parents or caretakers cause emotional distress to the child, and/or (c) the perception of or actual threatened harm to the child including, but not limited to, rejecting, isolating, terrorizing, ignoring, or corrupting. Emotional maltreatment also includes domestic violence related child abuse and providing harmful materials to a child.

Failure to Protect: Taking no action to remedy or prevent child abuse or neglect that a parent or caretaker knows of or should have known of. Failure to protect also includes the situation in which the nonabusive [sic] caretaker or parent knows or should know the identity of the abuser or the person neglecting the child and does nothing to identify that person during the investigation, or actively lies or "covers up" the abuse or neglect.

Failure to Thrive (non-organic): A medical condition in which there is a failure of the child to develop physically, typically indicated through inadequate weight gain, which is caused by some action or inaction of a parent or guardian.

Comment: Consider the case of a child not eating vegetables. This puts the fault on the parent and not on the child.

Fetal Substance Exposure: A condition in a child that has resulted from alcohol or other substance use by the mother during pregnancy, in which medical evidence of alcohol or other substances is present, but the child does not experience withdrawal symptoms. (See also, fetal addiction.)

Comment: Mothers would not be allowed to have even one drink during pregnancy. I agree that they shouldn't, but I'm not sure this should be a matter for the state to enforce.

Harmful Material to a Child: Knowingly distributing, producing, displaying or exhibiting material that is harmful to a child under the age of 18. Material is "harmful to a child" if it involves any form of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, and it:

(i) Taken as a whole, appeals to or arouses unusual interest in sex of a child;

(ii) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for a child; and

(iii) Taken as a whole, does not have serious value for a child. Serious value includes only serious literary, artistic, political or scientific value for a child.

There is no legal exemption for a parent, guardian or custodian of a child to engage in providing harmful material to a child, nor is there an exemption if the parent accompanies the child to an exhibition of such material. [UCA 76-5-1206, as amended 1997]

Medical Neglect/Physical: Failure to obtain medical or dental treatment, or ignoring the recommendations of a medical or dental professional, when a child has a serious medical or dental condition that a parent or caretaker knew of or should have known of.

Comment: If it is illegal to ignore medical or dental recommendations, then those recommendations are not recommendations but are a form of law.

Medical Neglect/Psychological: Failure to obtain mental health treatment, or ignoring recommendations made by a licensed, mental health professional, when a child has a serious mental condition a parent or caretaker knew of or should have known of and which poses a risk to the child or others.

Comment: Same as for Medical Neglect/Physical.

Neglect: Generally defined as:

a. Abandonment of a child;

b. Subjecting a child to mistreatment or abuse;

c. Lack of proper parental care by reason of the fault or habits of the parent or guardian;

d. Failure or refusal of a parent or guardian to provide proper or necessary subsistence, education, or medical care, including surgery or psychiatric services when required, or any other care necessary for the child's health, safety, morals, or well-being, or

e. A child at risk of being neglected or abused because another child in the same home is neglected or abused.
A parent or guardian legitimately practicing religious beliefs and who, for that reason, does not provide specified medical treatment for a child is not guilty of neglect [UCA 62A-4a-101(14)]. (See also, baby doe, physical neglect, educational neglect.)

Non-Supervision: The child is subjected to accidental harm or high probability of accidental harm due to failure of the parent/caretaker to supervise the child's activities at a level consistent with the child's age and maturity.

Comment: Even the best of parents can make mistakes and thus be guilty of Non-Supervision.

Physical Abuse: Non-accidental physical harm which includes any physical injury. The injury does not require visible evidence. (See also, physical injury and serious physical injury.)

Physical Injury: An injury to or condition of a child which impairs the physical conditions of the child, including:

(i) a bruise or contusion of the skin;

(ii) a minor laceration or abrasion;

(iii) failure to thrive or malnutrition; or,

(iv) any other condition which imperils the child's health or welfare and which is not a serious physical injury [UCA 76-5-109(1)(b)]. (See also, serious physical injury.)

Ritual Abuse: Subjecting a child to a brutal form of abuse involving the use of a ceremony or rite, usually carried out by members of a cult and repeated over an extended period of time. It may consist of severe physical abuse such as torture; painful, sadistic, humiliating sexual abuse; or psychological abuse such as indoctrination using mind control techniques and mind altering drugs, or use of intimidation and terrorizing. It does not necessarily mean satanic.

Comment: I hope the government is not going to define what is a cult and what isn't.

POLICY #202: PROTECTIVE INVESTIGATION

B: PROTECTIVE INVESTIGATION

8. b. Substantiation of an allegation does not require a medical opinion that injuries were caused by abuse, nor that the medical professionals rule out all possible accidental causes.

Comment: This gives caseworkers an awfully lot of freedom to ignore medical conditions and interpret things according to his or her biases.