Also known as: child maltreatments · child abuse · child neglect
Written by attorneys · grounded in primary & secondary sources — see below
An act or omission causing physical, emotional, or developmental harm to a child.
Caitlin Crowley arrives at school with a fresh bruise. Her teacher notices the mark during arrival and questions her privately to determine the source of the harm and ensure immediate safety. The child's identification of the abuser is admitted at trial because the exchange addressed an ongoing risk rather than building a prosecution record.
Clifford Cox faces trial for maltreating his child. The prosecutor uses peremptory strikes to remove male jurors. The court reviews whether the strikes rest on gender stereotypes rather than case-specific concerns about how jurors might view evidence of harm to the child.
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Claire Campbell's parental rights are at stake after repeated findings of child maltreatment. The state must prove its case by clear and convincing evidence because the interest in preserving the parent-child relationship demands heightened procedural protection before permanent severance.
Camila Cervantes suffers ongoing maltreatment while under state supervision. The court examines whether the agency had an affirmative duty to protect the child from private violence once it had knowledge of the risk and had undertaken a custodial relationship.
Colin Chambers is removed from his home following substantiated maltreatment and placed with foster parents. The court weighs the child's need for stability against any liberty interest claimed by the foster family in maintaining the placement.
Cassandra Cooper, an eight-year-old maltreated by her caregiver, testifies via one-way video after expert evidence shows face-to-face confrontation would cause severe trauma. The procedure preserves oath, cross-examination, and jury observation of demeanor while protecting the child.
Statements are non-testimonial when the primary purpose of the questioning is to address an ongoing emergency and protect the child from further harm rather than to create evidence for prosecution. Courts examine the circumstances including the informality of the setting, the child's age, and whether the interaction focused on immediate safety.
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No. The Clause bars only testimonial statements. When a child speaks to a teacher or caregiver whose main goal is protection from ongoing abuse, the statements remain non-testimonial even if later used at trial.
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The trial court must find that testifying in the defendant's physical presence would cause the child serious emotional trauma beyond ordinary stress. The procedure must still preserve oath, cross-examination, and the ability of the judge and jury to observe demeanor.
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…131, 144 (D. Finkelhor, R. Gelles, G. Hataling, & M. Straus eds. 1983). In families where wifebeating takes place, moreover, child abuse is often present as well. Violence Against Women, supra , at 12. Other studies fill in the rest of this troubling picture. Physical violence is only the most visible form of abuse.…