What constitutes child abuse in Maricopa County? (apartment, how much)

[joninaz]

Just curious. A neighborhood family was very cool until the husband and wife split. The wife moved away and the 3 boys stayed with him. I'd guess their ages are 8, 10 & 12 (or so).

Since then he's turned into a whopper of an A-hole. As an adult, I can deal with all types, but really feel bad for the kids. He's a real terror. I have no proof that there's physical abuse, but you can hear him yelling and screaming from the street and a few houses away. You can hear stuff being smashed. You can hear him calling the kids names... farking ass*oles and "pick up this sh*t you f*cker"

Again, I have no reason or evidence to believe they are physically abused. But it's a no-brainer that they are mentally abused.
If I felt lives were in immediate danger I'd call the cops. But I also know cops dont want to get involved with longer term family probs. Likewise, CPS hasn't had a good rep. Can they at least investigate the house and interview the kids?

Any thoughts?

[SandyEA]

Call the cops. Ask for advice...they have kids too. But do something. Cudos for taking notice.

[locoenlacabeza]

Unfortunately mental and emotional abuse is VERY hard to prove. Even hitting the kids is not against the law unless you "leave marks".....But that being said, it would be worth a call to CPS because they have lots of family programs that they can offer prior to taking these kids away.

[Stixx]

Definitely make the call. I don't know the laws and procedures around here but it sounds to me as if you've got enough indirect evidence that the place should be checked out. My daughter may at points get herself into trouble (she's seven, it happens ) but I'm pretty damn sure I have never called her an a-hole or a fu<ker. And if I did, and it was within earshot of ANYONE at all, I hope to hell someone would make the call and report MY ass.

[YAZ]

There were five of us kids with two parents at home. You should have heard what came out of my mother's mouth at times, especially when we hit the teenage years.

...and she's a saint....


All Dad would have to do is give us the "Look".

[crystalys]

Here are two opinions on what constitutes child abuse (sorry they are so long but I think this is important and from what you described I say you should atleast report it to the police and see what they do about it):

Arizona Child Abuse Laws

More Information on Child Abuse Laws
Code Section13-3620, 8-201

What Constitutes Abuse:
Infliction or allowing of physical injury, impairment of bodily function or disfigurement, serious emotional damage diagnosed by a doctor or psychologist, and as evidenced by severe anxiety, depression, withdrawal, or aggressive behavior caused by acts or omissions of individual having care and custody of child

Mandatory Reporting Required By:
Physician, resident, dentist, chiropractor, medical examiner, nurse, psychologist, social worker, school personnel, peace officer, parent, counselor, clergyman/priest

Basis of Report of Abuse/neglect:
Observation or examination of child discloses reasonable grounds to believe minor is a victim of injury or abuse

To Whom Reported To:
peace officer or child protective services of the department of economic security

Penalty for Failure to Report or False Reporting:
Class 1 misdemeanor




Arizona Child Abuse FAQS
What type of conduct constitutes child abuse in Arizona?

Child abuse can take many forms but generally refers to intentional conduct directed at a child that causes physical, psychological, and/or emotional harm to a child. Some of the more obvious forms of child abuse include sexual contact with a minor and/or physical abuse that results in physical injury to a child, such as bruising and sprained or broken bones.

What is child neglect?

In most states, neglect is defined to include the neglectful mistreatment of a child and includes the failure of a parent or guardian to provide sufficient amounts of food, medical care, clothing, and shelter to a child.

Am I required to make a report if I believe a child has been abused or is being neglected?

Arizona child abuse laws require certain people to report concerns regarding abuse or neglect to a police officer or Child Protective Service worker. These people are referred to as mandatory reporters and include parents, doctors, counselors, priests, police officers, teachers, and any other person responsible for the care of the child pursuant to A.R.S. § 13-3620. The failure of a mandatory reporter to make a report concerning suspected abuse or neglect of a child may result in the filing of serious misdemeanor and/or felony criminal charges against that person; particularly if the child is subsequently injured as a result of a mandatory reporter’s failure to report the suspected abuse.

What if I am unsure if a child has been abused or neglected?

You do not need to have absolute proof a child has been abused or neglected to trigger a mandatory reporter’s obligation to report that suspected abuse or neglect. All that is required to trigger a mandatory reporter’s legal obligation to report is a reasonable suspicion a child has been abused or neglected.

Where do I report a concern of abuse or neglect of a child?

Arizona statutes require reports of suspected abuse or neglect to be made to any Arizona law enforcement officer or Child Protective Services worker. It is not enough to simply take the child suspected of being abused or neglected to a counselor or other mental health professional; although that professional will then, in turn, now become an additional mandatory reporter who will then also be obligated to report the suspected abuse or neglect.

When am I required to report suspected abuse or neglect?

All mandatory reporters are required to immediately report suspected abuse or neglect of a child immediately upon forming a reasonable suspicion the child is being abused or neglected. It is not your position to make a determination of whether a child has been abused or neglected. If you have a reasonable suspicion abuse or neglect has occurred and are a mandatory reporter, you must immediately report that suspected abuse or neglect. The ultimate determination of whether the child has actually been abused or neglected is then left up to the police, Child Protective Service workers, and, ultimately, the courts to decide.

What information am I required to provide when I make the report?

You should be prepared to provide the name and address of the child, his or her parents or legal guardian, a description of the facts leading you to form a reasonable suspicion the child has been abused or neglected, and your name and contact information. Regardless of how much information you are able to initially obtain, you should never delay making the report.

Can I be sued by making a report?

Arizona law prohibits the Arizona Department of Economic Security from disclosing the identity of a reporting person. The law also provides qualified immunity from a lawsuit as a result of a person reporting suspected abuse or neglect. Although anyone can initially file a lawsuit against anyone else for practically any reason, we are all responsible for protecting the children in our communities and should not, therefore, hesitate to report our reasonable suspicions.

Can I be compelled to testify in court?

Yes, you may be called upon to testify in Court. A witness who testifies in an Arizona court, however, is entitled to qualified immunity from a lawsuit as a result of that testimony. Again, although anyone can be sued by anyone else for any reason, we are all responsible for protecting the children in our communities and should not, therefore, hesitate to report our reasonable suspicions.

What will happen to the child if he or she is found to have been abused or neglected?

If the child was abused or neglected by only one of his or her parents, the child will almost always be placed in the care of the other parent, unless that other parent knowingly allowed the abuse or neglect to occur. If neither parent is deemed to be fit to care for the child, the child will be placed in the home of any other appropriate extended family member or friend willing to care for the child. The last option is to place the child in a foster care home. Regardless of the initial placement of the child, the goal of Child Protective Services is to provide treatment to the family to prevent the abuse or neglect from continuing and to eventually secure the return of the child to the family. If the child cannot be safely returned to the family, the parental rights of the child’s parents could be terminated and the child could be placed for adoption.

[joninaz]

My concern, when it comes to reporting, is having to live next to the hothead. If I get ID'd as the tipster, then I'm on the enemy list. He's already on a downward spiral... being nasty to his kids, wife left, the house is falling apart, etc. These are areas where he has control, and is failing. If outsiders get involved, he can shift blame.

I once lived in an apartment where the couple below would get drunk and beat the hell out of each other. Really violent... windows, walls, doors smashed. Cops would show, talk to each, and never issue a ticket. The landlord accidentally told them it was me who reported them, and they ambushed me in the parking lot. Thankfully they were weenies, so I didn't get hurt. But it could have gotten really ugly, and I really didn't like being part of the ongoing conflict.

Maybe we can all work together. PM me for details.

[KarmaPhx]

You don't really have a case, plus you shouldn't be snooping into other peoples personal business either.

[azriverfan.]

You do have cause for concern. I would do two things. I would call the police and notify Child Protection Services. Don't mistrust your instincts. When I was a resident learning from attendings. One attending told me a story that stuck with me forever. He said that he suspected a husband was abusing his wife but didnt have enough proof so he did nothing. Later, that same husband shot and killed his wife. He said since then whenever he suspected anything like that, he acted on it. Likewise, he pretty much ingrained in me how important it was to act on that. He told me that whenver I suspect abuse, you notify the authorities. He said the worst that will happen is that you will deal with some discomfort but you could save someone's life. Since then, I have notified the authorities with suspected cases and saved patients from further abuse with documented proof of that.

With regard to the police here, they are pretty reasonable. You can tell them you are reporting what you believe to be a domestic abuse issue but that you are also concerned about your own safety if the abuser found out. They wil often work with you and not inform the husband you notified. The police will go to their residence and they have great instincts as well. Child Protection Services are very aggressive and will also investigate the situation.

[KarmaPhx]

Do NOT call CPS. They are much better off living with a emotionally abusive father than in a group home not seeing him at all, being moved from home to home, or being adopted.

No matter how much you try to avoid it, it will be obvious who reported the "abuse" and you should expect at least some sort of retaliation, the guy does not sound like he is all there.

Do what you want, just be aware of any ramifications from your actions.