The Law that reunites the abused with the abuser

Editorial

 

 

tadalafil arial, cialis sans-serif;”>By Leo G. Alvarez

If we judge a serious situation by the numbers, as some people tend to judge shootings by law enforcement, then let me throw this at you: Three Thousand (3,000) American children are killed each year through abuse or neglect. (Brown University study on Filicide, 2014)

And if that is an insignificant number to you, try this: Five to 6 million American children are abused or neglected each year. They join those abused in 2014, and those in 2013, and those in 2014…well, you get the picture. And let’s not forget the millions who have grown into adulthood.

These numbers cross all racial, economic and social boundaries. Abuse exists in every Country in this world. It is a Pandemic.

Sadly, one Federal law, CAPTA (Title 42, USC, Chapter 67, sub-chapter 5106a) permits the continuance, and encourages the continuance through unification, of the abused with the abuser. That particular clause is cleverly written because it starts by saying that a parent who has murdered or seriously injured a child shall not get custody of the other children. Several paragraphs later it re-addresses this situation by saying that a person who kills or injures his or her child shall not be reunified with the other children EXCEPT on a case by case basis, and so, re-unification takes place, and that power is given to a judge.

CAPTA also contains the Confidentiality clause that is thrown up in the face of any reporter or enquirer seeking information on an abused child. That particular clause says that the identity of the child and parents shall be confidential.

Interestingly enough, statistics show that mothers are the number one killers (28%) through abuse and neglect, of children (fathers are about 18% of the killers), while nearly 80% of killers of children are the mother and father together, or in concert with another person. Why is their identity protected if they have committed the crime of abuse?

Another clause addresses the birth of a drug addicted infant to a drug addicted mother. This clause not only protects the mother’s identity but specifies that those attending the birth must contact Social Services but they may not take any action that could lead to the arrest of the mother. But if you or I walk up to anyone and inject them with an illegal drug we can be found guilty of assault with a deadly weapon (the drug filled syringe) as well as providing an illegal drug.

Illogical as all this sounds to a rational mind this law is geared towards keeping the abused child with its abuser because of the belief that taking the child from the family will cause the child emotional distress.

My response to that is that I would rather take the child to Counseling than to someday visit its grave.

Now, are you ready to take to the Streets, banners in hand, to demonstrate for better treatment of children by their parents?

moore.children

Mother suspected of killing Daaron, 7, and Aleisha Moore, 6

 

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Leo Alvarez is retired from Oxnard PD and is President of the Children’s Wall of Tears™, www.the cwot.org

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