When Is Child Abuse a Crime ?

WHEN IS CHILD ABUSE A CRIME?

AT THE HANDS OF THEIR PARENTS

If I had committed the crimes parents perpetrated upon these children, criminal child abuse laws would send me to jail. How can it be that because caregivers delivered the beatings, rapes and other traumas, the abuse was not a crime and children were all returned to their parents for more of the same (these Minnesota children died).

Over my 12 active CASA volunteer Guardian ad Litem years, no adult was ever charged for terrible violence against children as young as three years old. One of the perpetrators remained in the home and continued to abuse very young children over the 12 years I was on the case (with 7 children).

100 years ago, beatings, rape and violence against a wife (or children) were private and not addressed or penalized by the courts. Women had no standing in court.Authorities did not intervene in family matters. That only changed when women attained the right to vote and had standing in court. This is the same problem American children are facing today. Because children have no standing in court, their lives are at the mercy of Child Protective Services (CPS) and mandated reporters that are failing them in large numbers.

Today, intensely secretive CPS is not transparent and  neither tracks or shares meaningful information about children (data/not names) in the system. We only read and know about the children that die (and not all of them or any of the near death child suffering).

No one outside of the court and family know anything about the near death experiences of the children in my caseload (or the self-harm, suicide attempts or other important metrics).

Because we the people know so little we do not see the need for solutions to terrible and growing problems facing abused and neglected children in our community.

This Investigative Report of children murdered at the hands of their parents while in Child Protective Services (today) could be confused with something written 100 years ago.

None of the awful things done to the children in this report were surprising.Each family had long histories of violence and neglect to their children. Child Protective Services could have (should have) done more to keep these children alive.

The thin veil of Child Protection made clear by this report needs help to put the “Protective” back into Child Protective Services.

None of this is to diminish the efforts of social/health workers, educators or others working hard to make life better for at risk children. They are doing what they can with the training and resources available. It’s grinding work with too few of the right resources and too many bad outcomes.

SOLUTIONS:

Much of our problem stems from the lack of tracking and reporting important child safety metrics. Without that kind of reporting, there is little awareness of the depth and scope of the problem and therefore no need for solutions.

There are things we can do and things we must stop to interrupt this cascade of failures that are impacting growing numbers of generationally abusive families.

There are many forces at play on Child Protective Services today

Parental rights, Racial disparities,

better tracking and reporting

of outcomes based metrics in CPS

and the over-institutionalizing

of children in the system

(dehumanizing trends)

First, we need to save more children from crimes

being committed upon them in the homes they are raised in.

WHEN YOU Share KARA’s reporting with FRIENDS, INSTAGRAM & FACEBOOK and most of all, your State Representative (find them here) change will come a little bit faster. When enough of us become informed and speak up for abused and neglected children, we will improve their lives and our communities!

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Read More for a deeper dive into the topic of Child Abuse As a Crime.

The writing and articles about child abuse as a crime by Randy Burton, founder of Justice for Children in Texas, is highly regarded for their critique of the child protection system and advocacy for recognizing child abuse as a criminal matter, not just a family issue.

Notable Articles and Writings

• “A Personal Call to Action” by Randy Burton (Justice for Children)

  • Burton discusses systemic failures and the tragic consequences of weak child protection policies, arguing that too many incidents of child abuse could be prevented with stronger, criminal justice-driven interventions. He highlights specific cases and calls for reforms to the CPS system, emphasizing the need for law enforcement to take a more prominent role in cases of severe abuse.A Personal Call to Action – Justice for Children​

• “Child abuse isn’t ‘all in the family,’ it’s a police matter” (Houston Chronicle, 2005)

  • Burton advocates for giving law enforcement a larger role in investigating child abuse cases, asserting that protecting abused children requires treating abuse as a police issue rather than merely a family matter.Child abuse isn’t ‘all in the family,’ it’s a police matter – Chron​

• “CPS’ problems are deep-seated and need more than money” (Houston Chronicle, 2016)

  • In this op-ed, Burton critiques the Texas Child Protective Services, highlighting that the system’s issues are entrenched and cannot be fixed with funding alone. He calls for genuine systemic reform.Burton: CPS’ problems are deep-seated and need more than money …​

• “Texas shares the blame for foster care tragedy” (Andrew Vachss/guest dispatch)

  • Burton details failures in the Texas foster care system and the pattern of child deaths in out-of-home care, pressing for major reforms and true government accountability for the safety of traumatized children.Texas shares the blame for foster care tragedy – Andrew Vachss​

• Commentary in national outlets:

  • Burton’s analysis is featured in broader pieces, such as The Week, highlighting his core theme that “the justice system simply ‘fail[s] to treat child abuse as the crime that it is,’” leading to cycles of repeat harm for children.America’s ‘shameful’ child abuse problem: 5 theories | The Week ​

Child Justice / Justice for Children – Texas

• Justice for Children, led by Randy Burton, consistently publishes resources, advocacy materials, and legislative recommendations pushing for a law enforcement-centered, victim-first approach to child abuse.Justice for Children​

• The organization hosts commentary and policy critiques, including “System is Failing Children,” which addresses ongoing failures in Texas’s CPS and justice systems and supports treating child abuse as a serious crime.System is Failing Children – Justice for Children​

These articles and commentaries are among the most influential in reshaping Texas and national debates over child abuse policy, providing both data and deeply personal perspectives on why and how the child protection system must be reformed to treat abuse as a crime.