What is Child Abuse and Neglect?
The International Child Abuse Network (Yes ICAN) takes their definition of child abuse and neglect from the Child Abuse Prevention and Treatment Act (CAPTA)*, Public Law 104-235), as it has been amended and reauthorized in October 1996. CAPTA defines child abuse and neglect as: “at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm.”
For CAPTA, the term child is: someone who has not reached the age of 18; or (except in the case of sexual abuse) the age specified by the child protection law of the State in which the child resides;
CAPTA defines the term “sexual abuse” as: “the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.”
C.A.R.T.
Child Abuse Response Team
The Child Abuse Response Team (C.A.R.T.) was established by this office in 1997 to work in conjunction with the Child Abuse Vertical Prosecution Program. The C.A.R.T. team works along with the program attorney to reduce the number of interviews a child abuse victim must undergo, as well as to coordinate more effective criminal investigation and prosecution of child sexual abuse cases. The C.A.R.T. staff in conjunction with the program attorney reviews cases, meets with the child and family to establish a working relationship, and refers the child and family to the Victim’s Center and Kids’ Court. The program networks with Rape Crisis Response Services for court support and with the child’s counselor.
The C.A.R.T. concept provides for specially equipped soft interview rooms, and Child Interview Specialists trained to conduct comprehensive multi-disciplinary interviews which will meet the needs of law enforcement, the District Attorney, Victim/Witness, and Child Protective Services, while at the same time promoting the search for truth and protecting the rights of the accused.
Currently, the program utilizes a specially equipped “soft room” for interviews. The interview room was constructed and equipped through community donations and labor.
Since the inception of the program through Dec. 2009, 3,725 children had been interviewed. Children interviewed range in age from 2.5 to 17 years. Interviews are conducted in both English and Spanish.
For more information on our Child Sexual Abuse Program or the Child Abuse Response Team Program, please contact our office.
Child Abuser Vertical Prosecution Program
In 1995, this office was awarded a grant from the Governor’s Office of Criminal Justice Planning to establish the Child Abuser Vertical Prosecution Program. This program was renewed in 1998 to provide a South County Child Abuse Vertical Prosecution Program. The program has dramatically increased our capability to meet the needs of children, reduce the amount of time required to resolve a case and increase our conviction rate. Vertical prosecution allows for two attorneys to exclusively handle child sexual abuse cases from filing through sentencing as a part of the larger Family Protection Division. Most importantly, vertical prosecution of child sexual abusers makes possible the treatment of child-victims and witnesses within a victim-friendly environment. The program attorney reviews cases, meets with the child and family to establish a working relationship, and refers the child and family to the Victim’s Center and Kids’ Court. The attorney also networks with Rape Crisis Response Services for court support and with the child’s counselor.
Seek Help
In an emergency, always call 911.
Tulare County Child Abuse Reporting Hotline
1 (800) 331-1585
Tulare County Child Abuse Prevention Council
(559) 735-0456
tularecountycapc.org
Family Services of Tulare County
(559) 732-1970
fstc.net
Central California Family Crisis Center
Confidential Hotline: (559) 784-0192
ccfamilycrisis.org
Child Abductions
Children have a fundamental right to security and stability. The Tulare County District Attorney’s Office established the Child Abduction Unit to enforce custody and visitation orders, to do what is in the best interest of the child.
Children have the right to have both of their parents accessible and parents have the right of access to their children. These rights are codified in the civil and criminal statutes of the state of California.
When one parent engages in conduct which violates these laws the Tulare County District Attorney’s Child Abduction Unit may be able to help through the following services:
1. Locating and recovering abducted children
2. Enforcing child custody and visitation orders
3. Prosecuting crimes involving child abduction, detainment, and concealment
When you request the services of the District Attorney’s Office, you will be required to provide the information and/or documentation necessary to locate and determine the welfare of the child, any other relevant information required to process the case, and any change of circumstance.
THE DISTRICT ATTORNEY REPRESENTS THE STATE OF CALIFORNIA AND THE SUPERIOR COURT AND IS FORBIDDEN BY LAW FROM REPRESENTING EITHER PARTY IN A CHILD CUSTODY AND/OR VISITATION DISPUTE.
YOU HAVE THE RIGHT TO SEEK LEGAL ADVICE FROM A PRIVATE ATTORNEY AT YOUR OWN EXPENSE. IF YOU DO RETAIN THE SERVICES OF AN ATTORNEY, YOU MUST INFORM THE DISTRICT ATTORNEY’S OFFICE.
CHILDREN TAKEN OUT OF THE STATE/COUNTRY:
PROSECUTION OF THE ABDUCTOR DOES NOT INSURE THE RETURN OF THE CHILD IF THE CHILD HAS BEEN TAKEN OUT OF STATE OR COUNTRY. YOU MUST COOPERATE WITH THE DISTRICT ATTORNEY’S OFFICE TO OBTAIN A COURT ORDER ENFORCEABLE UNDER THE UNIFORM CHILD CUSTODY JURISDICTION ACT, THE FEDERAL PATERNAL KIDNAPPING ACT, OR THE HAGUE CONVENTION, OTHERWISE YOUR CHILD MAY HAVE TO BE TEMPORARILY PLACED IN THAT STATE OR COUNTRY WHEN THE ABDUCTOR IS TAKEN.
For more information contact the Office of the District Attorney at (559) 636-5494