What Are Child Injury Laws?

Congress has passed many laws affecting the wellbeing of children. In 1974, it passed the Child Abuse Prevention and Treatment Act (CAPTA) and it extensively regulates the issue of child injury and abuse. Various federal agencies have also created rules regarding child exploitation.

CAPTA touches on the ethical treatment of all children and the goal of keeping them safe from all kinds of harassment including physical, mental, sexual, and all other forms of injury.

The Department of Health and Human Services preserves the Child Welfare Information Gateway. This system databases and updates on the various reporting and child mistreatment laws across all the country. It is a great resource for those affected by this terrible issue.

States criminalize and prosecute various forms of child mistreatment. For a more complete description of all kinds of harm that kids face, click here.

Generally, here is the broad definition that states use to prosecute child exploitation:

• Damages or risks a kid’s physical, mental, sexual, or general welfare.
• Occurs to children generally under eighteen years old.
• Committed by someone who is supposed to take care of that child.

Note, that actual abuse must not result in order to become liable to state criminal laws-merely the threat or risk of it. Further, the general mental status required to prosecute people for child mistreatment must be intentionally, carelessness, or negligence. Typically, people cannot be prosecuted for accidental acts of abuse.

Finally, states also place criminal liability on those who should report child abuse but do not. In some states, everyone must report the wrongdoing that they see, but in others only professionals must report it such as social workers, doctors, and police officers.

States typically afford child victims the right to sue their aggressors in court for damages. Generally, this requires a showing that the defendant breached a duty, and that the breach caused the child injuries.

Specifically, victims might be able to sue for medical malpractice, negligence, battery, assault, and negligent or intentional infliction of emotional distress. Normally, the range of compensation available to plaintiffs is wide and the injuries are great. Therefore, it might be worth considering in order to make amends for the damage that was wrought.

For instances of personal injuries, Illinois generally gives child victims 2 years. If the dispute is for medical malpractice, then children have 8 years or whenever they turn 22, whichever comes first.

States have various statutes of limitations by which you must bring your case for children’s damages. Some states have time limits of two years and other states have periods as long as eight years. If you do not bring your case within that allotted window, then you may not be able to bring it at all. Thus, it is worth researching what the rules are in your particular state.

Criminal punishment can take someone’s liberty as well as brand them with a badge of societal condemnation. Civil punishment labels them unreasonable or tortious in the circumstances and can force them to pay the victim turned plaintiff.

There is a tremendous difference in punishment and culpability between criminal and civil courts. If you are convicted of a crime, not only is your freedom taken away but society attaches a label of moral opprobrium as well. This can affect you well beyond the time you serve in prison and even hamper your job prospects. On the other hand, civil cases only label defendants negligent. This means that they acted unreasonably in the circumstances and caused someone damages. It does not come with the badge of disapproval that a criminal conviction brings. However, child injury cases can warrant both civil and criminal cases. Therefore, defendants may be liable for two kinds of condemnation.