Child Mistreatment And Its Legal Issues Flashcards
Who is a child?
Based on Sec. 3, RA 7610
● A person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition.
● Complex, multifactorial problem
● Violation of child rights: not just a societal taboo
● Family cancer: not just an isolated one-child problem
● Failure in child protection infrastructure: never the fault of the child
● Medical diagnosis: not just a society problem
Child maltreatment
Constitutes:
○ All forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation.
○ Resulting in actual or potential harm to the child’s health, survival, development or dignity.
○ In the context of a relationship of responsibility, trust or power.
Child maltreatment
Myths of child abuse
● Child Abuse only happens in some parts of society
● Children are victimized by creepy psychopathic
● Children tell someone they are being abused
● Many children lie about being abused
● If a child has been sexually abused, there will be medical evidences
● The most common type of abuse children experience at home is sexual abuse
● Males who are sexually abused as boys all grow to sexually abuse children.
● Only men sexually abuse children
● Boys are less traumatized as victims of sexual abuse than girls
● Children with disabilities are less likely to become victims of abuse than children without disabilities
% Filipino children experienced abuse at least once in their lifetime
8 out of 10 (80%)
____ Filipino children: physically and psychologically abused, bullied.
○ There are studies that rank Filipinos with the highest number of hits on the buttocks.
3 out of 5
_______ Filipino children: Sexually abused
1 out of 5
Breakdown of cases among 0-17 years old WCPUs 2021
- Sexual
- Physical
- Neglect
- Emotional & Psychological
BUT NOW, #1 Neglect
In the types of violence during childhood, what is #1?
Physical napud unsa man gud
Bronfenbrenner’s Ecological model of development
● The child is exposed to its meso, exo, and macro system.
● These systems have an influence on the individuality of the child.
What is the interaction between his and her genes to his and her environment?
Person’s individuality
Risk factors of maltreatment:
- child
- individual/parent risk factors
- family risk factors
- community risk factors
- societal risk factors
● Low birth weight, premature birth
● Special needs that increase caregiver burden
● Younger than 4 years
● Behavioral problems (e.g., aggression, hyperactivity)
● Mentally handicapped
Child
● Lack of parenting skills
● Poor emotional and mental health
● Parent sees child as a problem
● Parents’ experience of abuse as a child
● Parents’ level of stress
● Substance abuse
● Teenage pregnancy, single parents
● Personal beliefs that tend to support or justify maltreatment
● Low educational attainment
Individual/Parent risk factors
● Isolation
● Intimate partner violence
● Lack of cohesion
● Large number of children
● Low income
● Non-biological, transient caregivers’ at home (e.g., mother’s male partner)
Family risk factors
● Violent
● Presence of drugs
● Alcohol is readily available
● High poverty
● High unemployment rate
● Residential instability
● Poor social connections
● Weak community sanctions
Community risk factors
● Cultural norms that support aggression and violence
● Norms supportive of male superiority and sexual entitlement
● Weak laws or poor implementation
● Social, economic, health, and education policies that lead to poor living standards or to socioeconomic inequality
● Unavailable services
Societal risk factors
Protective factors
Child
Parents/Family
Social/Environment
Protective factors: child
● Good health, history of adequate development
● Above-average intelligence
● Hobbies, interest
● Good peer relationships
● Personality factors
○ Easy temperament
○ Positive disposition
○ Active coping style
○ Positive self-esteem
○ Good social skills
Protective factors: parents/family
● Secure attachment; positive & warm parent-child relationship
● Supportive family environment
● Household rules/structure; parental monitoring of child
● Extended family support & involvement, including
caregiving help
● Stable relationship with parents
○ There’s really a bonding between the parent and the child
● Parents have a model of competence and good coping skills
● Family expectations of prosocial behavior
● High parental education
Protective factors: social/environment
● Mild to moderate socioeconomic status
● Access to healthcare and social services
● Consistent parental employment
● Adequate housing
● Family religious faith participation
● Good schools
● Supportive adults outside of family who serve as role
models/mentors to child
Red flags: child physical abuse
● Unexplained or poorly explained injuries
● No explain is offered
○ The mother and father cannot explain the injuries
● Injuries incompatible with given history as to pattern, timing, or developmental ability of the child
● Changing history or explanation
○ They are not consistent, they change their stories
● Child is blamed for the injury
● History of multiple ER visits
● Significant delay in seeking medical treatment
● Frequent change of primary care provider
The most common injury in physical abuse
Bruising
Usually, bruising is normal in children/infants who bruise but usually the location is in the
Bony prominences
○ In the knees, elbows, foreheads
Abusive head trauma symptoms
● Asymptomatic swelling or bruising of head
● Irritability
● Poor feeding
● Lethargy / loss of consciousness
● Vomiting
● Seizures
● Apne
If the head is moved forward because the velocity and brain is set backward and has an impact on the skull causing the
Hematoma
Risk factors of: Abusive Head Trauma BABY/CHILD
● Perinatal illness
● Birth defects
● Incessant crying
● Male
Risk factors of: Abusive Head Trauma PARENT
● Unrealistic expectations of babies
● Young maternal age
● Young or single
parenthood
● Domestic violence
● Alcohol or substance
abuse
● Unstable family situations
● Depression
● History of abuse in
family members
Serious head injuries
● Subdural hematoma in the CT scan
● Other injuries: (because of the shaking)
○ Retinal hemorrhages
○ Fractures
■ Skull
■ Posteriorly ribs
■ Long bones
● May be injured by significant blunt trauma
● Suspicious and unconfirmed histories ( e.g., fell out of bed,
stepped on by a sibling, parent rolled onto sleeping child)
● Visceral perforation or hematoma
● Liver and pancreatic laceration
● Adrenal bleeding
Chest and abdomen
RED FLAGS: PSYCHOLOGICAL ABUSE
Signs in children
● Delayed or inappropriate emotional development
● Loss of self-confidence or self-esteem
● Social withdrawal or a loss of interest or enthusiasm
● Depression
● Headaches or stomach aches with no medical cause
● Avoidance of certain situations, such as refusing to go to school or ride the bus
● Desperately seeks affection
● A decrease in school performance or loss of interest in school
● Loss of previously acquired developmental skills
RED FLAGS: PSYCHOLOGICAL ABUSE
Parental behavior
● Shows little concern for the child
● Appears unable to recognize physical or emotional distress
in the child
● Denies that any problems exist at home or school, or blame
the child for the problems
● Consistently blames, belittle or berates the child and
describes the child with negative terms
● Expects the child to provide him or her with attention and
care and seems jealous of other family members getting attention from the child
RED FLAGS: CHILD SEXUAL ABUSE
Physical Signs and Symptoms
● Vaginal Pain
● Vaginal/Penile discharge or bleeding
● Dysuria
● Pregnancy
What are the definite signs of sexual abuse?
● Laceration, contusion, petechiae
○ In the genital area
● Presence of sexual transmitted infections
○ E.g. a 6 year old having gonorrhea due to sexual
abuse
● Pregnancy
Behavioral changes
● Tells someone
● Displays sexual knowledge or behavior inappropriate for age
● Sexual themes in child’s play, art, stories
● Fear states (Anxiety, Depression, Phobias, Obsession)
● Delinquent or aggressive behavior
● Changes in appetite, sleep disturbance, nightmares
● Drug or alcohol abuse
● Prostitution
● Avoids or fears a particular adult or place or situation
● Self-mutilation, Suicidal ideation/attempt
● Truancy or running away
○ They don’t want to go home anymore
● Unexplained money or gifts
○ Based on experience, fathers are the perpetrators
What is the most important “evidence”?
Child’s disclosure
As you grow old, the brain matures until this matures
Neocortex
Brain maturation is usually achieved at
21-25 y.o.
Functions of the Prefrontal Cortex
● Executive function
● Planning
● Reasoning
● Impulse control
● Thinking ahead
● Regulation of emotions
● Learning from experience
● Weighing of risks and rewards
● Morality
Seat of emotions
Amygdala
Teen’s brain
● Use an alternative part of the brain
○ Amygdala- seat of emotions
● More attention to rewards and less attention to risks or consequences of their actions
● Increase in risky behavior
Basic intellectual abilities
● This reaches adult levels (around 16 years) before the process of psycho-social maturation is complete.
● As you can see, intellectual ability is progressively maturing but the psychological maturity has a delay
○ Hence the immaturity gap
● Teenagers are witty or intellectual enough but
psychologically they are not mature enough and that is normal
Dynamics of victimization
5 PHASES
Engagement
Sexual interaction
Secrecy
Disclosure
Suppression
● The perpetrators groom the child
○ Give gifts, attention, and befriends the child
● When the perpetrators already have the trust of the child, they then engage in sexual interaction
What phase?
Engagement
The child is threatened not to tell
Secrecy
This is usually delayed because children are threatened or it may be by accidental means.
Disclosure
When the child discloses, by the end they would retract their statement because of family pressure.
○ For instance, if the father is the perpetrator, who will take care of the family if he is in jail. This is the usual reason for recantation.
Suppression
RAPE MYTHS ABOUT SEXUAL ABUSE
● Real men can defend themselves if they do not want the sexual activity to happen.
● Men would find the experience pleasurable given their sexual opportunistic nature.
○ Even though there is penile erection or vaginal mucus discharge, it doesn’t mean that it is pleasurable. This is a normal physiological response of the body.
● Men cannot be forced to have sex against their will.
● Men are less affected by sexual assault than women.
○ Trauma is equal between men and women.
● Men who rape men or boys are gay.
● Male children who were sexually abused will become
sexual offenders.
○ Many patients prosper and continue schooling under
proper guidance.
MALE SEXUAL ABUSE: DYNAMICS
● Preparation
● Episodes
● Silencing
● Disclosure
○ Delayed usually in men
○ Majority of patients are women and children, seldom men due to societal taboo
● Repression
● Overcoming
CHILD ABUSE AND NEGLECT RE-STRUCTURES THE BRAIN
What are the consequences?
Psychological
Behavioral consequences
Physical health consequences
Psychological consequences
- immediate emotional effects of abuse and neglect
- cognitive difficulties
- social difficulties
- poor mental and emotional health
● Isolation, fear, and an inability to trust
● Low self-esteem, depression, and relationship difficulties
Immediate emotional e ects of abuse and neglect
● Lower scores on measures of cognitive capacity, language development, academic achievement
● Poor academic performance and classroom functioning for school-age children
Cognitive difficulties
● More likely to develop antisocial traits
● Parental neglect seen to be associated with borderline
personality disorders and violent behavior
Social difficulties
● Psychiatric disorder by age 21
● Depression
● Anxiety
● Eating disorders
● Reactive attachment disorder
● Dissociative disorders
● ADHD
● Anger
● PTSD
● Suicide attempts
● Panic disorder
Poor mental and emotional health
Difficulties during adolescence (behavioral consequences)
○ Juvenile delinquency
○ Secual risk-taking, teen pregnancy, contracting STI
○ Low academic achievement
○ Use of alcohol, illicit drugs, smoke cigarettes
○ Mental health problems
Difficulties during adulthood (behavioral consequences)
○ Criminality
○ Abusive behavior
Reported VAC cases to WCPUs
● Child abuse (regardless of type) before the age of 12 predicts sexual intercourse by 14 and 16 years of age.
● 140% rise in new infections from 2010-2016
● 83% occurred among MSM and TGW
● Majority of them were aged 15-24 years old MSM & TGW
● Reported by VAWC in 2019 sexual abuse usually occurs in the teenage years, 13-17 years old.
ACE adverse childhood experiences from conception to death
1 ACE
2 disrupted neurodevelopment
3 social, emo, cogni impairment
4 adoption of health risk behaviors
5 dse, disability, social probs
6 early death
What is sustained by the child’s trauma?
The lifespan
Special Protection of Children Against Violence, Abuse, Exploitation and Discrimination Act”
R.A. 7610, ANTI-CHILD ABUSE LAW
Mandatory reporting
“The head of any public or private hospital, medical clinic, and similar, as well as the attending physician and nurse, shall report, either orally or in writing to the DSWD the examination and/or treatment of a child who appears to have suffered abuse within 48 hours from knowledge of the same.”
○ Any abuse whether habitual or not, and regardless of intention
○ Whether or not parent/guardian files a criminal case
● “Having a sexual act with someone who is 12 years old and below”
● R.A. 11648 - increased the age from 12 years old to 16 years old
Statutory rape
Exceptions for statutory rape:
- If the age difference within the parties is not more
than 3 years. - The sexual act in question is proven consensual
and non exploitative but if the victim is under 13 years old or mentally incapacitated it is not applicable
● Anti-violence against women and their children act 2004
● Defines violence against women and their children
● Provides for protective measures for victims
● Prescribes penalties
ANTI-VIOLENCE AGAINST WOMEN & THEIR CHILDREN ACT OF 2004 (R.A. NO. 9262)
● Violence against women and their children
○ Refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
○ Physical Abuse
○ Sexual Abuse
○ Psychological violence
○ Economic abuse
○ Remedial procedures
■ Who may file a case or petition for protection orders
■ Family Court
○ Battered woman syndrome as a defense
○ Custody of children
● As long as you have past relationship it is applicable
ANTI-VIOLENCE AGAINST WOMEN & THEIR CHILDREN ACT OF 2004 (R.A. NO. 9262)
Basic needs of children
● Home - Safe, secure, free from violence
● Parents - Love, support, protect
● Sense of routine & stability
○ When things go wrong in the outside worldwide → home is a place of comfort, help, and support
■ If you remove any of the Three it is already considered NEGLECT
