ARS 13-3623 – Child Abuse – Arizona Law & Penalties

 

ARS 13-3623 is the Arizona statute that defines the crime of child abuse. People commit this offense if, under certain circumstances, they cause a child to suffer physical injury, allow a child to be injured, or allow a child to be placed in a situation that endangers the child’s health or well-being. A violation of this law can lead to a Class 2 felony charge punishable by up to 10 years in state prison.

The language of ARS 13-3623 states that, for a conviction under this law, a prosecutor must prove that a defendant committed child abuse and acted either:

• intentionally or knowingly,
• recklessly, or
• with criminal negligence.

Examples

• allowing a child to stay in a building in which people are using flammable chemicals to manufacture a dangerous drug.
• knowingly hitting a child where the act causes serious physical injury.
• leaving a child in a car on a hot day with the windows rolled up.

Defenses

People accused of child abuse can challenge the accusation with a legal defense. A few common defenses include the parties showing that:

• they were acting within their legal rights to discipline the child,
• they were falsely accused, and/or
• a child was injured by something other than abuse.

Penalties

A violation of ARS 13-3623 is a felony offense (as opposed to a misdemeanor). Depending on the facts of the case, child abuse can be charged as either a:

• Class 2 felony,
• Class 3 felony,
• Class 4 felony,
• Class 5 felony, or
• Class 6 felony.

A Class 2 felony is the most severe charge and is punishable by custody in state prison for up to 10 years.

In this article, our Phoenix Arizona criminal defense attorneys will discuss what the law is under this statute, defenses available if charged, the penalties for a conviction, and related crimes.

 

 

1.How does Arizona law define “child abuse”?

Under Arizona law, people are guilty of child abuse if they, under certain circumstances, do any of the following:

1. cause a child to suffer physical injury,
2. allow a child to be injured, or
3. allow a child to be placed in a situation that endangers the child’s health or well-being.ⁱ

To secure a conviction under this law, a prosecutor has to show that the defendant committed child abuse and he/she did so either:

• intentionally or knowingly,
• recklessly, or
• with criminal negligence.ⁱⁱ

A few definitions here are helpful:

• “knowingly” means that a person is aware or believes that their conduct is of a nature or that a particular circumstance exists,ⁱⁱⁱ
• “recklessly” means that a person commits an act although aware of, and in grossly conscious disregard to, a substantial and unjustifiable risk of harm to some person,^ivand
• “criminal negligence” is a when a person acts while failing to perceive that the act may result in a substantial and unjustifiable risk of harm.^v

For purposes of this law, a “child” means a person who is under the age of 18.^vi

Note that a person is guilty of child abuse even if he/she is not the parent or guardian of the “victim.”^vii

2. Are there defenses to child abuse charges under ARS 13-3623?

Criminal defense lawyers draw upon several legal strategies to defend against charges brought under this statute. A few common ones include the attorneys showing that:

1. the defendant was lawfully disciplining his/her child.
2. the defendant was falsely accused.
3. a child was injured by something else other than abuse.

2.1 Lawfully disciplining a child

Parents have the right to discipline their children using “corporal punishment.” They can even use an object (such as a belt or paddle) as long as the discipline was reasonably necessary and appropriate to maintain discipline.^viii

2.2 Falsely accused

Unfortunately, people get falsely accused of this crime all of the time. For instance, a child may give a false accusation to gain attention or because they want to get placed out of their home. Further, one parent may falsely accuse another parent in order to win a custody dispute. A defense, then, is for accused people to show that they were unjustly blamed.

2.3 Other cause of injury

Children often get hurt or become endangered in a variety of different ways (for example, through playing or acting out of curiosity). Therefore, defendants can try to establish their innocence by showing that the “victim” was injured by something other than abuse.

 

 

3. What are the penalties?

The penalties for child abuse will depend on the specific facts of a case.

If a defendant commits child abuse under circumstances likely to cause death or serious injury to the child, then the crime is charged as either a:

• Class 2 felony, if the defendant acted intentionally or knowingly (a Class 2 felony is punishable by up to 10 years in prison),
• Class 3 felony, if the defendant acted recklessly (a Class 3 felony is punishable by almost four years in prison), or
• Class 4 felony, if the defendant acted with criminal negligence (a Class 4 felony is punishable by almost three years in prison).

If a defendant commits child abuse under circumstances other than those likely to produce death or serious injury, then the crime is charged as either a:

• Class 4 felony, if the defendant acted intentionally or knowingly,
• Class 5 felony, if the defendant acted recklessly (a Class 5 felony is punishable by up to a year-and-a-half in prison), or
• Class 6 felony, if the defendant acted with criminal negligence (a Class 6 felony is punishable by one year in prison).

4. How can people report instances of child abuse?

People can always report instances of abuse, or make abuse referrals, to a peace officer or a law enforcement agent.

Reports of child abuse can also be made to the Arizona Department of Child Safety (DCS) or by calling the statewide child abuse hotline phone number at 1-888-sos-child. People can call this number in instances of child abuse, child maltreatment, and/or child neglect.^ix

Note that Prevent Child Abuse Arizona is an Arizona organization dedicated to promoting child abuse prevention.^x

Note, too, that if a child abuse case gets started in the Arizona court system, Court Appointed Special Advocates (CASA) is an organization that helps advocate for a child’s needs.^xi

5. Are there related offenses?

There are three crimes related to child abuse. These are:

1. endangerment – ARS 13-1201,
2. custodial interference – ARS 13-1302, and
3. assault – 13-1203.

5.1 Endangerment – ARS 13-1201

Per ARS 13-1201, endangerment is the offense where people recklessly put someone at risk of imminent death or physical injury.

Depending on the facts of a child abuse case, it is possible for a defendant to face charges of both:

• child abuse, and
• endangerment.

5.2 Custodial interference – ARS 13-1302

Per ARS 13-1302, custodial interference is the offense where people commit an act in relation to a child and do so without legal authority. Some prohibited acts under this statute include:

1. taking a child from another’s lawful custody, and
2. denying a parent access to their child.

Unlike with child abuse, a person does not have to act with a specific criminal state of mind to be guilty of custodial interference.

5.3 Assault – 13-1203

Per ARS 13-1203, assault is the crime where people intentionally or recklessly cause physical injury to someone, intentionally place another person in fear of physical injury, or knowingly touch someone with the intent to injure or provoke them.

Unlike with child abuse, assault is a misdemeanor offense in Arizona.

Note that sexual assault is a separate crime set forth under ARS 13-1406.

 

resource 

Child death cases are obviously tragic, but we need to let fact overrule emotion

In announcing the arrest Wednesday of a suspect in the killing of 10-year-old Anthony Avalos, Los Angeles County Sheriff Jim McDonnell said that reports of the boy’s injuries were “grossly overstated” and that detectives did not find cigarette burns on his body, contrary to earlier reports. “What you’ve heard there is not accurate based on what our detectives have seen,” he said.

It’s tempting to respond, “So what? The young boy was killed, and that’s what matters.” And indeed, that is the essential issue. But how did it happen, and when, and what signals were missed in the months before, and by whom? These questions are central to understanding not only who bears criminal responsibility, but how policies and practices failed, if they did, and how to improve them. The facts matter, and should not be overruled by emotion.

An L.A. County official reportedly said Anthony “came out as gay” in the weeks before his death, and that remark has become a persistent line in news reports. It is important. LGBTQ kids are overrepresented among youth in foster care, in part because of rejection by their families. They often are the targets of violence by family members or even strangers when their sexual orientation is revealed. In the murder trial of Isauro Aguirre, the boyfriend of the mother of slain 8-year-old Gabriel Fernandez, homophobia emerged in testimony as one possible motivating factor in the 2013 killing. There are, at least on the surface, eerie parallels between the deaths of Gabriel and Anthony.

But so far, the publicly reported evidence that Anthony “came out” is sketchy. One Department of Children and Family Services official said Anthony “said he liked boys.” Another department official said the boy’s statement was that he liked boys as well as girls. Is it “coming out” for a 10-year-old to say he likes boys and girls? It’s not impossible. There may well be additional evidence that he “came out,” or that an adult in the house believed he did and responded violently, but no such information has yet been released.

Enter the Fray: First takes on the news of the minute from L.A. Times Opinion »

Much anger has been directed at the Department of Children and Family Services, whose social workers respond to allegations of child abuse and neglect. There have been calls for firing and for criminally prosecuting county personnel, and the calls are given added resonance by the impending criminal trial of social workers and their supervisors in the Gabriel Fernandez case.

It is certainly possible that county workers failed, or even that some might be held criminally liable. Yet the information released so far is that the 12 complaints of abuse and neglect of Anthony were received years ago and that workers responded to them; and that there were no such complaints received in the last two years. Complaints about general neglect were confirmed, as was an allegation of sexual abuse several years ago. Complaints about other forms of physical abuse were not. None of that disproves failure on the part of county workers. It’s too early. We don’t yet know, and likely will not for quite some time. The Board of Supervisors, understandably angry and frustrated, reasonably called for a status report in 45 days. Even then, not every question will be answered.

The case is agonizing. After the death of Gabriel, the county convened a blue-ribbon panel to study the child welfare system and make recommendations for improvements; it hired 2,600 additional child welfare workers to reduce caseload size; and it established an Office of Child Protection to increase accountability and improve coordination among agencies. There should have been no way a similar death could occur under similar circumstances, but here it is — same general part of the county, a boy of close to the same age, an accused boyfriend of an allegedly neglectful mother, assertions of homophobia.

There have been calls for legislation, but to require what, exactly, that is not already required? In social media and in the news there have been demands for heads to roll, but whose, and for what reasons? It is exceedingly difficult, in the wake of the death of an innocent child, presumably at the hands of an adult, to take a breath and allow time to sort through the facts. But that — along with grief for the loss of life and determination not to permit yet another recurrence — is what is needed.

http://www.latimes.com/opinion/editorials/la-ed-anthony-avalos-20180629-story.html

Phoenix grandma, daughter accused of abusing girls

Posted: Aug 18, 2014 1:39 PM Updated: Aug 18, 2014 1:39 PM

PHOENIX (AP) - A woman is accused of child abuse for allegedly spanking her two grandchildren with a belt in front of the children's mother, who also has been arrested.

Phoenix police say 43-year-old Stacy Hamby and 24-year-old Laura Hamby both are being held on two counts of felony child abuse.

Their bond was set Monday at $25,000 apiece at their initial court appearance. Neither woman has a lawyer yet.

Police say they were called by authorities at the girls' elementary school after a nurse found bruises on the children's buttocks and thighs Wednesday.

The girls- ages 6 and 8 - say they were punished by their grandmother for not going to sleep at their apartment.

Stacy Hamby reportedly told police she was upset at the girls' behavior and was under some stress.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.tucsonnewsnow.com/story/26308808/phoenix-grandma-daughter-accused-of-abusing-girls

Speeding stop leads Pima Co. deputies to drug arrest

 

Posted: Aug 01, 2014 9:30 AM Updated: Aug 01, 2014 4:12 PM

By Elizabeth Walton - email

Drugs found inside concealed compartment (Source: Pima County Sheriff's Department)

Saul Estrella-Lizarraga (Source: Pima County Sheriff's Department)

TUCSON, AZ (Tucson News Now) - Man faces drug and child abuse charges after Pima County Sheriff's deputies made a routine traffic stop for speeding, according to Chief Deputy Chris Nanos. 
The man, identified as Saul Estrella-Lizarraga, had allegedly been speeding when he was pulled over by a PCSD Border Indications Unit, on Interstate 10 near Avra Valley Road.  
Estrella-Lizarraga, accompanied by his 9-year-old son, had been traveling from Nogales, Sonora to Phoenix when he was pulled over, said PCSD officials.  He allowed deputies to search his vehicle, and a hidden compartment was found containing 7.5 pounds of heroin, 5 pounds of cocaine and 3.3 pounds of methamphetamine.  Estrella-Lizarraga is currently booked into the Pima County Adult Detention Complex on six counts of narcotic drug violations and one count of child abuse. 
According to PCSD officials the child has been released into the custody of his mother.

Copyright 2014 Tucson News Now. All rights reserved.

 

 

 

 

 

 

 

 

 

http://www.tucsonnewsnow.com/story/26173545/speeding-stop-leads-pima-co-deputies-to-drug-arrest

Grandmother of abused girl pleads guilty to charge

 

Posted: Apr 29, 2013 11:41 AM Updated: Apr 29, 2013 9:45 PM

PHOENIX (AP) - The grandmother of a 10-year-old Arizona girl who authorities say died after another relative padlocked her in a footlocker has pleaded guilty to attempted child abuse.

Seventy-4-year-old Judith Deal wasn't charged in Ame Deal's death in July 2011, but was accused of putting hot sauce on the child's mouth, hitting her with a paddle and putting her inside the footlocker as a form of discipline.

She pleaded guilty Friday to two counts of attempted child abuse and faces a punishment ranging from probation to 30 years in prison.

Sentencing is set for June 4.

Ame Deal's father and aunt also have pleaded guilty to abuse charges.

Two other relatives, Sammantha Lucille Rebecca Allen and John Michael Allen, pleaded not guilty to a murder charge in Ame's death.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

 

http://www.tucsonnewsnow.com/story/22108681/grandmother-of-abused-girl-pleads-guilty-to-charge

Fight eating disorders, child abuse

 March 31, 2013 12:00 am  •  Loni Nannini Special To The Arizona Daily Star

Comments

Spring is in full bloom in the Old Pueblo, and there's no better time to get out of the house. Several low-profile nonprofit organizations are offering a little extra incentive to do just that, with causes ranging from child-abuse prevention to support for those coping with eating disorders.
"April is Prevent Child Abuse Month, and with the March for Children we try to draw attention to the needs of children as well as the need for strong families," said Bob Heslinga, executive director of Aviva Children's Services. The nonprofit is one of several sponsors of the Ninth Annual March for Children on April 13. Other sponsors include Court Appointed Special Advocates (CASA) of Pima County and Community Partnership of Southern Arizona.
"The march is not a fundraiser, but if we can help garner support for the agencies involved, that makes it even more worthwhile," Heslinga said.
Aviva and CASA help children in need, including almost 3,700 in Pima County in the care of Child Protective Services.
Aviva is a Tucson-based nonprofit that provides support and resources for children who have experienced abuse, neglect or poverty and are in the care of CPS. Aviva's Parent Aide Program provides supervision during visits between parents and children, while a Parent Peer Support Program offers ongoing support after families are reunified. Volunteer opportunities include mentoring and tutoring children or serving as a "life book" writer to create narratives about the children's pasts.
CASA of Pima County is affiliated with the Pima County Juvenile Court and appoints volunteers to serve as "the eyes and ears of the judge and the voice for the children." Each advocate is an integral member of the team of attorneys, CPS case managers and other professionals assigned to protect children who have been removed from their homes and placed in temporary or group homes due to abuse or neglect.
Since 2009, Pima County has experienced a 49 percent increase in the number of children in out-of-home care, according to Becky Ruffner, executive director of Prevent Child Abuse Arizona.
Ruffner attributes the increase to a combination of causes, including changes in CPS policy and the economic difficulties and skyrocketing unemployment that began in 2008.
"The No. 1 report CPS receives is neglect, and that goes to meeting basic needs such as food and clothing," Ruffner said. "I really like CASA because it directly engages everyday citizens in helping kids in out-of-home care."
Another issue that hits close to home for many people is eating disorders. According to the National Eating Disorders Association, 20 million women and 10 million men nationwide suffer at some point from a clinically significant disorder - anorexia nervosa, bulimia nervosa, binge-eating disorder or an otherwise unspecified eating disorder.
"Many people say that if you have another disorder or illness, you wouldn't hesitate to take medications or seek treatment, and in the case of eating disorders we are making great progress in sharing with people the treatments and support that are available," said Mandy Shoemaker, coordinator of the Tucson NEDA Walk on April 7 at Reid Park.
Shoemaker emphasized that overcoming the stigma and the misconception that eating disorders are all about vanity are central to her mission with the walk, where information and resources about treatment will be available.
"In the past it has been a taboo or uncomfortable topic, and many people are embarrassed or ashamed to talk about it, but there is no shame in it. New research is showing it may even be a chemical imbalance in the brain.
In some cases, it can be an obsession that spirals out of control, or in other cases, a mental illness," said Shoemaker, 30, who is in recovery after struggling with an eating disorder since age 12.
Overall, Shoemaker hopes to help others realize it is possible to overcome eating disorders with help.
"If I can do it, anyone can do it," she said. "It is really one day at a time and, at times, one hour at a time."
If you go
• What: Tucson National Eating Disorders Association Walk.
• When: April 7 - 8:30 a.m. registration; 9 a.m. walk.
• Where: Reid Park at Ramada 20 in the northwest corner of the park near South Country Club Road and East Camino Campestre.
• Cost: $25 for adults; $15 for students; $10 for children 12 and younger.
• The details: Festivities include a 1.9-mile, family- and pet-friendly walk, a free T-shirt with registration, and resources and information about treatment and support for eating disorders.
• All proceeds benefit the National Eating Disorders Association and affiliated groups to fund research, prevention and education about eating disorders.
• Info: Go to neda.nationaleatingdisorders.org/site/TR/NEDAWalk/General?pg=entry&fr_id=2080 or call 1-212-575-6200.
• What: Ninth Annual March for Children.
• When: 9:30 a.m. April 13.
• Where: The parking lot of CrossFitWorks, 244 S. Tucson Blvd.
• Cost: Free.
• The details: This half-mile, family-friendly walk marks April as Prevent Child Abuse Month and promotes individuals, families and communities that are engaged in child development and child-abuse prevention.
• Festivities at the end of the walk include refreshments, speakers and information about resources that increase protective factors for children at Aviva Children's Services, 153 S. Plumer Ave.
• Info: Go to www.marchforchildren.webs.com or call 327-6779.

http://azstarnet.com/news/local/fight-eating-disorders-child-abuse/article_228e3f56-dec0-5123-a6ef-49bb8e2f2d04.html

CPS Getting New Investigation Unit

http://azstarnet.com/news/state-and-regional/cps-getting-new-investigation-unit/article_4409ed9a-1ea0-5da4-8c16-18d20c038acf.html

Major goals include police coordination, tracking abuse cases

December 25, 2012 12:00 am  •  Associated Press

PHOENIX - The head of the new investigations unit of Arizona's Child Protective Services wants to fill in cracks that he says can be deadly for children and haunting for those trying - but failing - to protect them.

Cracks such as disconnects between what CPS workers on one hand and police officers on the other know and need; gaps between what Arizona authorities know about allegations concerning a troubled family and the family's history in another state; and uneven training for police officers investigating reports of abuse and neglect.

"That's a heavy, awful burden for a human being to carry that went into this line of work to help and keep safe a child, to find out that their inactions later caused the death of a child," said Greg McKay, chief of the new Child Welfare Investigations Office.

The unit's creation was the chief recommendation of a task force appointed by Gov. Jan Brewer in response to a series of publicized serious child-abuse cases, including some in which the families had prior CPS contacts. Legislators last spring approved creation of the unit, effective Dec. 31, with annual funding of nearly $2.4 million.

The unit will have 30 workers when fully staffed, including McKay, four managers and 25 investigators.

That's enough personnel to set up shop in the Phoenix and Tucson areas, but the unit likely would have to expand beyond 30 people to cover other counties, he said.

McKay said 11 people already have been hired or their hirings are being processed. The remainder will be chosen in January from 55 applicants, mostly current or former law enforcement officers but also some CPS workers.

The investigators must have experience and expertise in child-welfare investigations, and that fits McKay's own background.

A veteran of nearly 20 years of police work, McKay, 42, is a Phoenix Police Department detective on loan to the state. A former patrol officer and street gang detective, McKay more recently worked homicide and then child crimes.

"My task was prove the case, prosecute somebody if they're proven to have committed the crime and then provide everything to CPS and hope for the best," McKay said during a recent interview.

As a result of his work, he and his wife took in a youngster as a foster child. He said that experience and other work provided insights on what happens to kids from troubled families.

"I saw the family perspective. I saw when I took away the father figures from homes for serious crimes, the devastation it left behind, what was going to maybe move in behind that person into the home," he said. "It also pained me that this (arrest) isn't the end."

And now McKay has a beginning, with plenty to do to set up the new unit.

But he's already settled on priorities and goals.

Police and CPS workers are supposed to run coordinated investigations, but McKay said that doesn't always happen, due to circumstances such as burdens of proof that can affect gathering of evidence.

The injection of unit members' investigative expertise into CPS should help "dual insights" between CPS caseworkers and law enforcement, McKay said.

"CPS personnel might be fresh out of school with social-worker degrees and end up in the so-called underbelly of society and looking at egregious behaviors and could use some help in assessing those things," McKay said. "In the end, if somebody committed a crime, we want to hold that person criminally accountable and remove them from the scenario ... We can help them do that."

To be most effective, investigators will be posted in child advocacy centers that already jointly house CPS personnel, police and other specialists.

The unit will have CPS' responsibility for investigating serious cases involving potential crimes, but law enforcement agencies would be lead on actual criminal investigations.

McKay said he wants the office to include a research and analysis unit to find out whether subjects of abuse or neglect reports have similar histories in other states.

That information allows caseworkers, attorneys and judges to make better-informed decisions about the safety of children, McKay said. "That is critical."

He cited the case of a 10-year-old Phoenix girl who suffocated in a plastic box. It was claimed to be accidental, but authorities later concluded the death was a homicide, and several adults await trial.

McKay said the family had CPS contacts in two other states before moving to Phoenix.

"Literally they jump from state to state with no one knowing about it," he said. "When the heat gets too hot, they go to another state."

Eventually there needs to be a nationwide database of substantiated reports of child maltreatment, but for now the new Arizona unit will step up efforts to learn whether alleged perpetrators or victims lived and had problems elsewhere, he said.

McKay said the unit will work with Arizona State University and the state's police-certification agency to develop training material for child-welfare investigations, particularly for smaller jurisdictions that lack a big-city police department's specialized squads.

"Uniform training and knowledge would be huge," he said. "I want to see a child in Greenlee County get the same level of protection that a child here in Phoenix would get."

3-year-old Alexis Pounder died from child abuse

http://www.examiner.com/article/3-year-old-alexis-pounder-died-from-child-abuse

 

 

Police were called out to Cottontail Lane in Sandy Saturday night to find the body of 3-year-old Alexis ‘Lexi’ Marie Pounder. We all watched in horror as mug shots of Donald Cockrell and Michelle Smith were blasted on every news station in the Portland Metro Area. It’s horrible to think that a stranger would kill a child, but to hear that the very people responsible for nurturing and raising her were to blame broke our hearts.

Autopsy reports show that the little girl was severely starved and beaten.

There are some extremely disturbing facts about this case, and although I can’t begin to know anything about the investigation, the things that have been shared with the public continue to make my skin crawl.

The couple lived in a house with many people, including Michelle Smith’s parents who lived upstairs. Realistically, 4 adults were quite possibly witness to the abuse. Smith’s parents deny knowing anything was wrong, and although I can neither confirm nor deny the truth in that, I have to wonder what kind of grandparents live in the same building and don’t see their children or grand children on at least a semi-regular basis? Acute starvation isn’t something you don’t notice.

There were five children in the couple’s custody. Two belonged to Cockrell, the others were Smith’s.

Additional charges were filed due to the assault and torture of another child in their care, Alexis’ 2-year-old sister.

Neither of the children that were being abused were biologically Michelle Smith’s children.

According to autopsy records, Alexis Pounder died from ‘blunt force trauma’ and ‘acute starvation.’

Alexis’ mother’s family hasn’t been allowed to see the little girl since November, and feared that there was something very wrong.

Photos of the couple are disturbing to say the least. After a little bit of research, older pictures of the couple showed healthy, happy people. Donald proudly posted pictures of his daughters and boasted about how cute they were. There were no signs that he was abusive, or he wouldn’t have been awarded custody of his children. Michelle’s neighbors are shocked that the little girl they used to watch pitch for Sandy High School’s softball team is now accused of murdering a 3-year-old girl and torturing her 2-year-old sister. Pictures now show Michelle with poc marks on her face, and un unshaven and hobo-ish Donald.

Donald’s remaining child has not been placed with their mother, Heather Marie Pounder due to circumstances in her life that are preventing her from being able to provide a safe home, according to DHS.

The fathers of Smith’s children are all being tracked down, and there is no word on if any of them have been found or are fit or willing to take custody of their children.

I can’t even begin to speculate what happened in their lives to drive them to do something so horrific, but it was physically evident in photos that something very big did indeed change.

What makes a man fight for his children only to take part in her murder and abuse of his other daughter?

The grand jury results will be brought to court on January 19th, and the preliminary hearing is set for February 11th.

We will have to wait and see as the events unfold to learn more, but my heart aches for the children left behind. God bless the people in the shelter who have been given the charge of being the first healers into the lives of the four remaining children in this tragedy as they all undergo medical exams. I fear what the results of those examinations will be.

The families are in the prayers of many people tonight. It’s hard to stuff the anger down as I watch my own 3-year-old gallop around the room like a horse, laughing and playing. Trying to imagine the look on her face if she was deprived of food and hungry, or after being beaten, wondering why the people she loved the most in the world were hurting her. Wondering how a person can take something as wonderful as a three-year-old girl and hurt her in any way. My heart aches for her, and I can’t imagine the kind of thing that would drive a person to beat and starve such a beautiful baby and her little sister.

We’re all hugging our children a little tighter tonight as we tuck them into bed and kiss their little foreheads as they look up at us and ask for ice cream, or tell us that they love us back, and we’re all thinking of little Lexi, and wishing that she could have had the same affections.

Please, if you or some one you know is being hurt, do something about it. Abuse has got to stop. If you feel that you may hurt a child, or have already, it’s not too late to get help. If drugs have taken over your life, and you find yourself unable to provide a safe home, please, call friends, family, or the authorities and find some one who can.

For information on prevention, research, and where to find help, go to preventchildabuse.org and learn how to break the cycle.

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These are the people responsible for the rape, torture and murder of Baby Briana Lopez

 

Steven Lopez

 

Andrew  Walters

 

Stephanie Lopez

 

 

And this is what they did to Baby

Briana

Court gets behind spanking, to a degree

By ROCHELLE OLSON, Star Tribune
May 30, 2008
Three years after Shawn Fraser landed in court for paddling his unruly son 36 times, the Minnesota Supreme Court has ruled that spanking a child isn't necessarily abuse.
In a unanimous decision released Friday, the court declined to adopt a "bright-line rule that the infliction of any pain constitutes either physical injury or physical abuse, because to do so would effectively prohibit all corporal punishment of children by their parents."
And the state, wrote Justice Alan Page, "did not intend to ban corporal punishment."
Shawn Fraser found himself in the midst of controversy in 2005 when he tried to curb the behavior of his son Gerard, who was then 12 and weighed 195 pounds. When other discipline failed to work, he took a wooden paddle -- in 12-blow increments -- to his son's upper thighs. The spanking followed an incident in which Gerard ran away from home and lied about his whereabouts.
The boy called authorities after the paddling.
The Hennepin County District Court determined Gerard and his younger brother, Caleb, needed protective services, but the Court of Appeals reversed that ruling, determining the parents weren't physically abusive.
The Supreme Court's decision affirmed the Court of Appeals.
"We're elated," said Natalie Fraser, Shawn Fraser's wife. Shawn Fraser could not be reached for comment. As a condition of keeping the boys during the appeals, their father agreed not to spank them, said Jill Clark, who represented Natalie Fraser.
On Friday, Gerard Fraser, now 15, said he's glad the case is settled, because it was stressful for his family.
"They didn't, like, abuse us or anything," Gerard said. "I was a really bad kid."
Gerard said he doesn't get into much trouble anymore but if he and his brother, now 14, misbehave, their father withholds their allowances or revokes other privileges.
In its ruling last year, the Court of Appeals determined that, given Gerard Fraser's age and weight, the force used on him was moderate and the discipline was not cruel or excessive. The Court of Appeals also determined that the Hennepin County District Court finding that the home was a "dangerous environment" was premised on the erroneous finding of abuse.
The Court of Appeals said that for intervention to be justified, unreasonable force or cruel discipline that is excessive under the circumstances must be used. Hennepin County appealed that ruling.
Friday, the Supreme Court said that the evidence was insufficient to determine whether the boys were mentally or physically injured.
The Supreme Court declined to return the case to the district court for further findings.
"Almost three years have passed since the incident at issue, during most of which time the children have been living at home without apparent further incident," Page wrote.
A determination now as to whether the boys needed protection three years ago "seems a needless use of judicial resources."
The county attorney's office deferred requests for comment to the state Department of Human Services, which did not return a call late Friday.
"My client is very happy the long nightmare is over," said Jill Waite, Shawn Fraser's lawyer.
Staff writer Patrice Relerford contributed to this report. Rochelle Olson • 612-673-1747
© 2008 Star Tribune. All rights reserved.

Parental Drug Use as Child Abuse

Parental Drug Use as Child AbuseState Statutes Series
Author(s): Child Welfare Information Gateway
Year Published: 2006
Current through August 2006
You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.
Abuse of drugs or alcohol by parents and other caretakers can have a negative impact on the health, safety, and well-being of children. Approximately 45 States, the District of Columbia, and Guam currently have laws within their child protection statutes that address the issue of substance abuse by parents.1 Two main areas of concern are (1) the harm caused by prenatal drug exposure and (2) the harm caused to children of any age by exposure to illegal drug activity in the home.
Prenatal Drug Exposure
The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place to notify CPS of substance-exposed newborns (SENs) and to establish a plan of safe care for newborns identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.2 Several States currently address this requirement in their statutes. Approximately 15 States and the District of Columbia have specific reporting procedures for infants who show evidence at birth of having been exposed to drugs, alcohol, or other controlled substances, while 13 States and the District of Columbia include this type of exposure in their definitions of child abuse or neglect.3
Some States specify in statute the response the CPS agency must make to reports of substance-exposed newborns. Hawaii and Maine require the State agency to develop a plan of safe care for the infant. California, Maryland, Missouri, Nevada, and the District of Columbia require the agency to complete an assessment of the needs of the infant and the infant's family and make a referral to appropriate services. Illinois and Minnesota require mandated reporters to report when they suspect that pregnant women are substance abusers, so that the women can be referred for treatment.
Children Exposed to Illegal Drug Activity
There is increasing concern about the negative impact on children when parents or other members of the household abuse alcohol or drugs or engage in other illegal drug-related activity, such as the manufacture of methamphetamines in home-based laboratories. Many States have responded to this problem by expanding the civil definition of child abuse or neglect. Specific circumstances that are considered child abuse or neglect in some States include:
The manufacture of a controlled substance in the presence of child or on the premises occupied by a child4
Allowing a child to be present where the chemicals or equipment for the manufacture of controlled substances are used or stored5
Selling, distributing, or giving drugs or alcohol to a child6
The use of a controlled substance by a caregiver that impairs the caregiver's ability to adequately care for the child7
The exposure of the child to drug paraphernalia8
The exposure to the criminal sale or distribution of drugs9
The exposure to drug-related activity10
Approximately 23 States address the issue of exposing children to illegal drug activity in their criminal statutes.11 For example, in Georgia, Illinois, Nebraska, New Hampshire, Pennsylvania, Virginia, West Virginia, and Wyoming, the manufacture or possession of methamphetamine in the presence of a child is a felony, while in Idaho, Louisiana, and Ohio, the manufacture or possession of any controlled substance in the presence of a child is considered a felony. California, Mississippi, Montana, North Carolina, and Washington State have enacted enhanced penalties for any conviction for the manufacture of methamphetamine when a child was present on the premises where the crime occurred.
Exposing children to the manufacture, possession, or distribution of illegal drugs is considered child endangerment in Alaska, Iowa, Kansas, Minnesota, and Missouri. The exposure of a child to drugs or drug paraphernalia is a crime in North Dakota and Utah. In North Carolina and Wyoming, selling or giving an illegal drug to a child by any person is a felony.
To see how your State addresses this issue, visit the State Statutes Search.
To find information on all of the States and territories, view the complete printable PDF, Parental Drug Use as Child Abuse: Summary of State Laws (PDF - 306 KB).

1 The word approximately is used to stress the fact that the States frequently amend their laws. This information is current only through August 2006. The statutes in Alabama, American Samoa, Connecticut, Delaware, New Jersey, Northern Mariana Islands, Puerto Rico, Vermont, and the U.S. Virgin Islands do not currently address the issue of children exposed to illegal drug activity. back2 42 U.S.C. 5101 et seq., as amended by the Keeping Children and Families Safe Act of 2003 (P.L. 108-36). For more information on these issues, as well as training resources and technical assistance, visit the website of the National Center on Substance Abuse and Child Welfare at http://www.ncsacw.samhsa.gov. back3 Arizona, California, Hawaii, Illinois, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, Oklahoma, and Utah have enacted specific reporting procedures for drug-exposed infants. Arkansas, Colorado, Florida, Illinois, Indiana, Massachusetts, Minnesota, North Dakota, South Carolina, South Dakota, Texas, Virginia, and Wisconsin include exposure of infants to drugs in their definitions of child abuse or neglect. back4 Colorado, Indiana, Iowa, Montana, New Mexico, Oregon, South Dakota, Tennessee, and Virginia. back5 Arizona and New Mexico. back6 Arkansas, Florida, Hawaii, Illinois, Iowa, Minnesota, Texas, and Guam. back7 Kentucky, Iowa, Minnesota, New York, Rhode Island, and Texas. back8 North Dakota and Oregon. back9 Montana and Virginia. back10 District of Columbia. back11 Alaska, California, Georgia, Idaho, Illinois, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Pennsylvania, Utah, Virginia, Washington, West Virginia, and Wyoming currently address the issue in their criminal statutes. back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.


Updated on August 23, 2007