Child Abuse Sex Crime Charges

Our Miami Criminal Defense Lawyer handle all types of child abuse cases in Florida.

As described in Chapters 39 and 415, Florida Statutes, the Florida Department of Children & Families is charged with providing comprehensive protective services for children who are abused, neglected or at threat of harm and vulnerable adults who are abuse, neglected or exploited in the state by requiring that reports of abuse, neglect, threatened harm, or exploitation be made to the Florida Abuse Hotline. In taking action to prevent further harm to the child, any other children living in the home, or a vulnerable adult the Department of Children & Families must preserve the family life of the parents, children, and vulnerable adults to the maximum extent possible. Law enforcement is to take the lead in all criminal investigations and prosecution.

Child - any born, unmarried person less than 18 years old who has not been emancipated by order of the court.

Vulnerable Adult - a person age 18 years or older who has a disability or is suffering from the infirmities of aging.

A. The Florida Abuse Hotline will accept a report when:
There is reasonable cause to suspect that a child
who can be located in Florida, or is temporarily out of the state but expected to return in the immediate future,
has been harmed or is believed to be threatened with harm
from a person responsible for the care of the child.
OR

Any vulnerable adult who is a resident of Florida or currently located in Florida
who is believed to have been abused or neglected by a caregiver in Florida, or
suffering from the ill effects of neglect by self and is need of service, or
exploited by any person who stands in a position of trust or confidence, or any person who knows or should know that a vulnerable adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, their funds, assets or property.
B. Definition of Caretaker Responsible (Child): Every child should expect to be safe and protected when in the care of:
a PARENT, even if the parent is a minor; or
a LEGAL CUSTODIAN; or
an ADULT HOUSEHOLD MEMBER found in the home continually or at regular intervals; or
ANOTHER ADULT who has been entrusted with, or voluntarily assumed responsibility for the care of the child; or.
ANOTHER CHILD who is an employee or volunteer of a daycare, public or private school, agency, summer camp or similar facility when given sole responsibility for the care of the child.
C. Definition of Possible Responsible Person (Vulnerable Adult):
a CAREGIVER to the victim, or
a VULNERABLE ADULT in need of services, or
a PERSON who stands in a position of trust and confidence, or
a PERSON who knows or should know that the vulnerable adult lacks capacity to consent.
D. Description of Harm (Child):

ABUSE: Any willful or threatened act or omission that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. NEGLECT: Any act or omission where a child is deprived of, or allowed to be deprived of, necessary supervision, food, clothing, shelter, or medical treatment, or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by the caretaker responsible.

THREATENED HARM: A situation, circumstances or behavior which leads a prudent person to have reasonable cause to suspect abuse or neglect has occurred or may occur in the immediate future if no intervention is provided.

SPECIAL CONDITIONS: A situation that does not rise to the reasonable cause to suspect harm level, but requires intervention.

E. Description of Impairment (Vulnerable Adult):

ABUSE: Any willful or threatened act or omission that causes or is likely to cause significant impairment to a vulnerable adult's physical, mental or emotional health.

NEGLECT: The failure or omission on the part of the caregiver to provide the care, supervision and services necessary to maintain the physical and mental health of the vulnerable adult. The failure of a caregiver to make reasonable efforts to protect a vulnerable adult from abuse, neglect or exploitation by others.

EXPLOITATION: Actions of deception or intimidation, for the purpose of personal gain or benefit by a person in a position of trust, that deprives a vulnerable adult of the use, benefit or possession of funds, assets or property. Exploitation also occurs when the Possible Responsible Person knows or should know that the vulnerable adult lacks the capacity to consent and who obtains or uses, or endeavors to obtain or use, their funds, assets or property for personal gain or benefit.

SPECIAL CONDITIONS: A vulnerable adult in need of services as a result of self-neglect.
 

“Disclaimer: The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. Contact the experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. 24 hours a day, 7 days a week, toll free at (866) 262-4874 begin_of_the_skype_highlighting              (866) 262-4874      end_of_the_skype_highlighting or locally at (305) 858-9550.

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