The California Penal Code and Child Abuse - Assignment Example

Synergy, P.C 1234 Kenville Lane Irvine, CA 88510 March 22, Amy Whipple 1234 Never Give Up Ave.Orange, CA 88955 Dear Ms. Amy Whipple: I hope you have been well. Thank you for contacting our offices and giving us the opportunity to advise you and possibly represent you. It has been a busy week and I am looking forward to our upcoming meeting. As promised, I am writing to update you on the legal findings regarding your situation so that both of us can have an informed and productive exchange on Monday. I hope that through this letter and our meeting we may begin to develop an understanding of what to expect in the near future and to solidify some options for handling what may come. Although I know you are aware of the facts of your situation, I would like to reiterate them, just to make sure that we have the facts correct. Also, if there is anything you forgot to mention previously or is missing, please be certain to notify our offices immediately. According to our last meeting you explained that you are a single parent with a sole responsibility for your four-year-old daughter, Angie. Your boyfriend with whom you had this child left when the child was two years old. Even though you know where the boyfriend is living, neither you nor Angie has had any contact with him for two years. An incident happened approximately a week ago; you picked your daughter up at day care after work and you needed to stop at the grocery store before going home. While at the grocery, Angie was misbehaving and was taking items off the shelf and putting them into the cart. Despite several verbal reprimands, Angie continued to disobey you. You then slapped Angie’s hands making her to begin wailing thus attracting the attention of several customers in the store. After purchasing your groceries, you pushed Angie to the car. As you were putting Angie into the car seat, you noticed something protruding from one of the pockets of Angie’s dress. When you pulled it out, you realized that Angie had taken candy bars and gum from the shelves next to the checkout line and put them in her pockets. You wanted to make sure that your daughter understood that taking things without paying for them is wrong as it amounted to stealing. So, you shook her several times, slapped her hands, and then put her hand over Angie’s mouth when she began screaming. Angie then bit your hand, prompting you to instinctively slap her across the face. Even though you did not mean to hurt her, everything was happening very fast. Angie suddenly became very quiet, so you shut the backdoor to the car and drove home. After 10 minutes of driving, you realized that she had not heard from Angie since they left the store parking lot prompting you to glance in the back seat where Angie appeared asleep. Upon arriving home, you realized that Angie was unconscious, not asleep. You then took Angie to the house and tried to wake her up but to no avail. You panicked and called 911. When the ambulance arrived, you gave an explanation to the paramedics that Angie had fallen and must have hit her head against something. Angie was initially admitted to the hospital for observation, but she remains there still with a possibility of a concussion or fractured skull. Per our initial conversation, I have researched and pinpointed three legal issues that require discussion. First, we will address potential criminal liability if someone had found out that you did hit Angie (an act that amounts to child abuse) that night in the parking lot of the grocery store and reported to the police. Secondly, we will address potential criminal liability for giving false information (about the incident at the parking lot) to the hospital staff. Finally, we will consider whether you may lose child custody to Angie’s father whom you have not had communication with for the past two years since your daughter is in hospital and if someone contacts Angie’s father you might be arrested for child abuse and losing child’s custody. Honestly speaking, your situation raises a lot of legal concerns and possible dire implications. The California Penal Code defines child abuse as a willing act by a parent or guardian to inflict pain which is regarded as inhuman or cruel or any injury to a child that results to the child suffering from a traumatic condition. On the basis of the facts, your acts, though intended to instill discipline, amounts to child abuse and can lead to child abuse charges against you. Child abuse is punishable by law; this is true even in circumstances where the initial intention of the acts were to instill discipline. The law considers disciplinary measures as those that do not amount infliction of inhuman or cruel pain or any injury to a child that results to the child suffering from a traumatic condition; they should be reasonable and not excessive. Your acts amounted to cruelty as they lacked in mercy, pity or compassion on the child. As for giving false information to hospital staff, there are more legal concerns and implications that arise. In California, giving false information regarding child abuse is punishable. This is because it amounts to violation of the Child Abuse and Neglect Reporting Act that require that any individual with responsibility over a child should report child abuse incidences. From the facts of the case, it is clear that you gave false information that Angie had fallen and must have hit her head against something. The Act required that you gave true information to aid the improvement of the health of your child, even though it would be an incriminating move for you. Hospital staff may realize loopholes that suggest child abuse because your evidence may not support the child’s present medical condition (fractured skull or concussion). As for losing child’s custody to the father, the possibility is relatively high. California Law and Statutes on child custody asserts that the court has the responsibility of deciding the custody of a child if the decision seems proper and necessary. Child abuse is one of the main reasons that may lead to loss of custody from one of the parties. In an event that you are arrested and charged for child abuse, you may lose the custody of the child. That notwithstanding you still stand a very good chance of maintaining the custody of the child because the facts of the case suggests the welfare and safety of the child will be better under you compared to the child’s father. In regard to fees, our first consultation, my research, and our follow-up meeting are at no charge to you. Should you retain me as your attorney, I require a retainer up front of twenty- five percent of case costs, followed by a flat fee after retention. Total costs of the case will vary based on its specific demands, but we can further discuss this when we see one another. At this time, we have several options before us. The first one is to request you to come clean as pertains to what transpired since it will help in the management of the child, and also in making the handling of the case easier in case one is brought against you. Given the medical risks to your daughter and the risk of prosecution against you, it is crucial that you come clean about the situation. I discourage you from persisting with the initial assertions regarding the situation. Besides, since no one has reported you to the police, for now you can give priority to the medical issue of your child, but be prepared psychologically for any potential legal proceedings. If time is not of essence, we can discuss a more detailed approach on Monday. On a different note, it is my opinion that counseling services would be helpful for you as we move forward. It may be beneficial to talk privately with a professional counselor on matters relating to disciplining your child, as well as the general upbringing of the child. We will expand on all of these options during the Monday’s meeting. Sincerely, Read More