Incorporating "Failure To Protect" Laws Into Your Child Safe Environment Program

A Cleveland County, Oklahoma couple was arrested on charges of child abuse and face allegations of severe physical and sexual abuse as well as neglect.

The father is accused of forcing the children to endure extreme physical abuse, such as rolling outside in sticker patches, being struck with bull whips, and being scarred by small knife cuts. One child reported being pistol-whipped, and another had a BB gun pellet found in his leg.

The mother allegedly witnessed the abuse but did not intervene. Oklahoma's "failure to protect" laws hold individuals accountable for allowing their children to be abused, emphasizing the need for more resources to help such families.

The parents were arrested in December 2024, but court documents reveal that the Department of Human Services (DHS) was alerted as early as June about a child's broken arm. At that time, the child reportedly covered for the parents regarding the injury.

Joe Dorman, CEO of the Oklahoma Institute for Child Advocacy, highlighted the challenges caseworkers face when children lie to protect their parents. DHS emphasized the importance of courageous disclosures by children or family members to enable swift and effective responses. They also stressed the need for everyone to be vigilant and report suspected child abuse or neglect.

In June, DHS recommended that the children's grandmother move into the home to help monitor the situation. However, court documents show that she later fled with the children, leading to an investigation and the children being placed in DHS custody.

Commentary

The abuse detailed in the above took place in Oklahoma.

As of 2015, 48 states and four U.S. territories had "failure-to-protect" laws. The exceptions were Maryland, Wyoming, and Puerto Rico. These laws generally designate the crimes as misdemeanors or felonies, depending on the severity of the case.

The penalties for "failure-to-protect" laws can vary significantly depending on the state and the specific circumstances of the case. Generally, these laws create criminal offenses for subjecting minor children to inappropriate or dangerous situations.

For example, in California, a person who has the care or custody of a child and permits that child to be placed in a situation where their health or safety is endangered can be punished by imprisonment.

In Alaska, the criminal code specifies that it is a duty not to leave a child with a non-parent registered sex offender or someone who has previously physically mistreated or had sexual contact with the child.

The final takeaway is the penalties for violating these laws can range from misdemeanors to felonies, depending on the severity of the case and the state's specific statutes. Child safe environment programs should make sure their training corresponds with state law and incorporates the "failure-to-protect" laws of their state.

Sources: https://kfor.com/news/local/cleveland-county-couple-arrested-facing-child-abuse-charges/ and https://ndaa.org/wp-content/uploads/Child-Endangerment-2014_-8_25_2014_FINAL.pdf

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