Raising a child can be a large responsibility with a lot of hidden, unwritten rules that can be difficult to suss out. It’s hard to know the right decisions to make at a given moment. But a moment or continued moments of anger or lapse of judgment can not only have lasting effects on a child’s mental and emotional well-being but also land you in a lot of hot water with law enforcement.
When does disciplining a child become abuse in the eyes of the laws of Texas?
What is Defined as ‘Abuse’ in Texas?
Texas has clearly defined acts that are considered abuse regarding children written into the Texas Family Code;
● Any act that induces physical injury to a child, resulting in significant harm or making the child feel the threat of significant harm;
● Harming the mental or emotional well-being of a child, resulting in noticeable or substantial damage to their functioning development, physiology, or psychology
● Damaging a child’s physical, mental, or emotional well-being in a sexual manner or performing a sexual act upon a child, including but not limited to; sexual abuse, indecency, sexual assault, or aggravated sexual assault;
● Exposing a child to, or producing from a child, pornographic photographs, videos, and other sexually illicit depictions;
● Using certain controlled substances such as drugs or alcohol in a manner that results in physical, mental, or emotional trauma to a child, or allowing that child to imbibe in those certain controlled substances;
These are all examples of defined acts that would be seen as “child abuse” in a Texas court.
What is Considered Reasonable Discipline of a Child?
Every parent must decide what form of discipline their child needs. Some people are unable to discipline their children without resorting to forms of physical, mental, or emotional violence against them.
Within the Texas Penal Code, it states that violence against children in a non-deadly manner is legally allowed if both of the following are true;
● The person dealing out the force is the child’s parent, step-parent, grandparent, guardian, or someone with jurisdiction over the child
● The person dealing force on the child reasonably believes that such violence is needed to protect the child’s well-being or to discipline them.
What to Do if You Have Been Accused of Abusing a Child
If someone has accused you of causing a child significant physical, mental, or emotional harm through your own actions or through permitting a child to be placed in a situation in which they were harmed in such a way, it is time to turn to a lawyer. For help with this troubling situation, call our law firm at 469-423-8467.
What is considered unsafe living conditions for a child?
Under Texas law, renters, children, people with disabilities, and the elderly have a legal recourse to remedy unsafe living conditions. Unsafe living conditions exist when conditions inside the home, apartment, or other dwelling cause the health of the occupants or the well-being of the community to be endangered. Remember that a home can be untidy or dirty but may not rise to the level of unsafe living conditions.
CPS will only remove a child from a home due to unsafe living conditions when they believe the child is abused, neglected, abandoned, or there’s no parent to take care of the child. When the unsafe living conditions make the home dangerous to the child’s physical or mental health, CPS will remove the child. Unsafe living conditions can include any of the following:
- Pest infestations that are not being treated
- Unstable roofs
- Dangerous flooring
- Physical and verbal abuse
- Water leaks and flooding
- Missing parts of the roof or walls that expose the home to the elements
- Fire hazards
- Toxic mold
- Carpets filled with animal feces and urine due to too many pets
What can’t CPS do in Texas?
Knowing that CPS is investigating you can be a helpless feeling. Parents who go through CPS cases are under great stress as they deal with CPS while their child is removed from a home or take him to live with a relative or stranger’s house. Much of the stress is caused by CPS, unfortunately. If you do not stand up for yourself and ensure that CPS does not act outside of their bounds, they could take advantage of you.
For example, Texas law prohibits child protective services from seizing a child from his or her parents without one of the following:
- A court order
- Parental consent
- Imminent danger of physical or sexual abuse
Except for an emergency, limited circumstances, CPS must obtain a court order before removing a child from their home in nearly all circumstances. CPS cannot continue keeping a child from his or her parents unless they schedule a court hearing within 14 days of removing the child from the home. This hearing is called the full adversary hearing. It is the first meaningful opportunity a judge has to review the removal and decide whether the child should remain in custody or be returned home. You will be able to mount your defense at this hearing.
If the court decides that the child should remain in foster care, GPS must prepare a service plan that will outline the parent’s steps to address risk factors. These steps will have the parents be able to have his or her child returned to the home. CPS must abide by all of the time limits stated under Texas law. Working with an experienced criminal defense attorney will help you hold CPS accountable regarding what they can and cannot do in Texas.
What is the penalty for child abuse in Texas?
In Texas, the penalties for child abuse range in severity depending on the severity of the abuse and the facts of the case. Any person who knowingly or intentionally causes bodily harm to a child can be charged with a first-degree felony. A person who intentionally or knowingly causes serious mental deficiency, impairment, or injury to a child can face first-degree felony charges. First-degree felony charges are the most serious of all child abuse charges and can result in imprisonment between five and 10 years and a fine of up to $10,000.
If the prosecutors find that the conduct was reckless and unintentional, the defendant will be charged with a second-degree felony punishable by two to 20 years in prison and a fine of up to $10,000. Most sexual assault charges involving minors are second-degree felonies. However, when a defendant is accused of threatening to harm a child to force the child to perform or receive a sexual act, they can face first-degree felony charges for aggravated sexual assault.
Is there a statute of limitations for molestation charges in Texas?
A statute of limitations means that someone cannot be prosecuted for an alleged offense after a certain amount of time has passed. It is like a legal expiration date, after which the state cannot prosecute the defendant. Prosecutions must bring sex crime cases within 20 years of the alleged event. For serious sex crime charges like sexual performance by a child younger than 17, the statute of limitations is 20 years. For some sex crimes, there can be no time limit at all for the prosecution. There is no statute of limitations for sexual assault of a child or indecency with a child. A person can be prosecuted for those crimes any time after the event occurred, regardless of how many years have passed.
What Actions Can Constitute Child Abuse According to Texas Law?
A charge of child abuse is a serious thing, one that carries a lot of stigma with it that can really impact your life. But just what actually constitutes child abuse? Do you know? It’s one of those charges that sounds straightforward but actually covers quite a few different actions. Some of the actions that constitute child abuse might not even seem like abuse on the surface, though a deeper consideration reveals otherwise.
The actions that constitute child abuse under Texas law are:
- Causing physical injuries to a child that is of significant harm or threaten significant harm
- Causing emotional or mental harm in the child in a way that results in observable and substantial damage to their ability to function psychologically or to develop properly
- Engaging in sexual conduct that is damaging to the child’s physical, mental, or emotional health
- Engaging in sexual conduct that is prohibited by the state of Texas such as indecency with a child or sexual abuse
- Producing child pornography or allowing the production of child pornography to go unreported
- Allowing a child to take controlled substances
- Using controlled substances in a way that results in physical, mental, or emotional harm to a child
Note that several of these actions break additional laws. For example, producing child pornography is a crime in and of itself covered under Penal Code 21.15. Similarly, sharing controlled substances with a child would constitute child abuse but the possession of those controlled substances is also a crime.
It must also be noted that it is possible to commit child abuse without physically harming the child. If your actions cause serious emotional or mental damage then child abuse can be charged against you even though you never physically abused them.
How Are You Supposed to Discipline Your Kids?
There is what is called the reasonable discipline defense. This defense basically states that a parent of a child is within their rights to physically discipline their kids if they believe that force is necessary to protect the child’s well-being or to discipline them.
As a parent, if you believe that spanking your child is necessary to properly raise them then you are within your right to do so. However, if you think you need to punch your child or beat them to do this then this is unlikely to get you off because the force used was unreasonable.
It’s never okay to abuse your children but disciplining them is a parent’s right.
What Should I Do If I’m Charged with Child Abuse?
Child abuse charges can greatly impact your life, and that’s not even taking into account the damage a guilty verdict could bring. It’s important to work quickly to build a solid defense and the best way to do that is to work with an experienced and dedicated attorney like those you’ll find at Wilder Law Firm. The sooner you contact one of our attorneys, the sooner they can get started doing the extensive work it takes to build a strong case to prove your innocence.