Monica L. McCoy defines physical abuse as intentional actions by caregivers that bring about physical harm on the child. This definition does not sufficiently cover the scope of physical abuse in relation to children since it is restrictive in that it only defines physical abuse and not all forms of child abuse, which include psychological as well as physical abuse. Moreover, the definition of child physical abuse should encompass the stipulation that the caregiver is responsible for the welfare of the children over whom they are charged and can be deemed responsible when harm befalls them from neglectful actions by them. Furthermore, caregivers are supposed to protect their children from all sorts of harm and should be expected to adhere to a set of rules on the safety of children under their care. Any physical harm that comes to the child in one's charge, whether intentional or unintentional, should be defined as abuse because the caregiver failed to fulfill their responsibility to the child.
Therefore, the definition should be; any actions, intentional or unintentional, committed, tolerated, or sanctioned by caregivers that result in physical harm to a child. While some people may perceive the suggested definition as being too harsh on the parent, it is worth mentioning that the care of children ought to be a serious endeavor which none but the most responsible should partake. Physical harm suffered by children sticks with them throughout their lives and is often responsible for causing them untold trauma. If the definition of physical abuse that can be tried in a court of law is expanded to recognize the responsibility of caregivers in raising the next generation, maybe the outrageous cases of abuse that we encounter from time to time would reduce significantly. Moreover, a broader definition gives child protection services a greater mandate to intervene in suspected incidences of abuse and bring reprieve to the victimized children.
In the text; Physical Abuse, by Monica L. McCoy, several incidences of child abuse are highlighted that throw some light on the seriousness of child abuse and why more should be done to rescue victims of child abuse from the trauma. This essay reviews three of these cases and attempts to prove why the narrow definition of child physical abuse in use now abets the victimization of children. In the case of a father who kicks a stool at his daughter for disturbing his sleep, social services felt that it amounted to child abuse. The circuit court agreed that a deliberate act of passion that caused physical injury to his twelve-year-old daughter, it amounted to child abuse. However, the appellate court threw the case out because the injury was "accidental or unintentional and not reckless or deliberate."
First off, the conclusion that this incidence was accidental and unintentional is faulty. A responsible adult should know that kicking a stool at a child (kicking or throwing anything, actually) could result in serious injury to the child. The father threw the step stool at the daughter because he was napping on a couch and probably using it as a prop for his feet. Were this father to have been doing something else, such as, say, chopping onions or clipping the flower gardens, there is a good possibility that he would have thrown the knife or clippers at his daughter. The kind of injury that could possibly come from such an accident could be fatal. While the case example doesn't indicate the precedence of violence in the father, assuming that the daughter will disturb her father afterwards (as children are wont to do), failing to punish the father for this misdemeanor places the life of the young girl at risk.
The case example also mentions that the daughter was treated for the broken nose from the step stool as well as other abrasions to her face. And while McCoy does not mention whether these injuries were fresh or old, in the event that they were indeed sustained before this particular incident, the daughter could be exposed to more of the same if left with her father. The actions of yelling at his daughter for asking for his help, coupled with the gross misdeed of kicking a step stool at her, marks the father as being potentially violent and posing a threat to his own daughter.
The case of Tommy Joe Owens and Charlotte Kay Claiborne further illustrates the kind of physical harm children often suffer at the hands of irresponsible caregivers. It also indicates the insufficient child services interventions that place so many children at harm's way. Three children under the couple were found to have many telltale signs of physical abuse like abrasions and burn marks as well as injuries caused by neglectful acts regarding the handling of chemicals in the presence of children and failing to treat a fever the three-year-old Heley (Owens daughter and Claiborne's stepdaughter. In this case, the parents appear to have unleashed violence on the children from a young age, with a babysitter who could be a possible co-conspirator because she abet the harm and possibly encouraged it by concealing some of the injuries the children suffered.
While in the end the parents received harsh sentences for their role in the physical abuse of their children, the case illustrates the role played by witnesses in child abuse incidences. A babysitter who conceals injuries suffered by children under her care, a mother who did not think the felonious Mr. Owens would harm her daughter ( and one who apparently never checked on her daughter to ascertain to her wellbeing), and child services workers who ignored initial reports to investigate Haley's situation. Haley and her stepsiblings suffered aggravated abuse and neglect in the full glare of the public with these three parties at the fore. The punitive actions taken against Draughn the babysitter and the three Department of Child Services employees serve as a good example to the public on abetting child abuse. The mother, while not complicit in the physical abuse meted out on the children, deserves a rebuke for failing to follow-up to ensure the safety of her daughter.
The case of Jessica Beagley illustrates how some forms of punishment that fall under accidental physical harm are indeed child physical abuse. The acts of punishment given in this case were excessively cruel, involving forcing an adopted son to keep hot sauce in their mouths and another of making him stand under a cold shower. These punishments and the accompanying physical harm causes not just physical pain to the child; they bring deep-seated emotional harm that is likely to dampen his relationship with the caregivers and affect the growth and development of the child, especially in developing trust relationships, for a long time. Punishment is only effective if it makes the child correct erroneous behavior, but for caregivers, showing love and care while meting out punishment is just as important.
The young boy who was forced to keep hot sauce in his mouth for punishment will probably live to associate hot sauce with the punishment, remembering the pain every time he enjoys a plateful of hot sauce. This case could be a possible situation honest misdeed in the mother's overzealous choice of punishment, but it could also be an indication of neglect or subtle blood discrimination between children. All the same, Jessica indicated a worrying trend of cruelty to a child resulting in physical injury and deserved the trial for child abuse. In handing her a suspended sentence, however, the judge gave her an opportunity to receive proper counseling on the care of children while keeping her behavior in observation for possible repeat offence.
These three incidences present a few of the wide range of offenses that fall under child abuse. The judgment of whether a child abuse offense has been committed often relies on personal scruples by members of the jury, but there is need for a commonsense approach to handling children especially where punishment is concerned. Child abuse cases aare further complicated by personal relationships between various parties involved and human error that is inherent in all social interactions. And while the courts cannot possibly enforce certain acceptable forms of disciplining errant behavior in a child, parents should be careful to avoid causing their children undue trauma in their bid to correct bad behavior.
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