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Child abuse and neglect, as defined in CANRA, includes: physical abuse, sexual abuse (including both sexual assault and sexual exploitation), willful cruelty or unjustified punishment, unlawful corporal punishment or injury, and neglect (including both acts and omissions).
Under current law, child abuse does not include · “A mutual affray between minors.” (PC 11165.6) · “Reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.” (PC 11165.4) · “An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to person or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil.” (PC 11164.5)
In addition, “A child receiving treatment by spiritual means…or not receiving specified medical treatment for religious reasons, shall not for that reason alone be considered a neglected child. An informed and appropriate medical decision made by parent or guardian after consultation with a physician or physicians who have examined the minor does not constitute neglect.” (PC 11165.2[b])
Pat Carey prosecuted and filed Child Abuse cases while a Deputy District Attorney and has intimate knowledge with how these cases are handled. Contact him today for a free consultation about your case.