Child Abuse Types in Greeley, C.R.S. 18-6-401 – Hurting Required?
The two main kinds of Child Abuse in Greeley and Weld County, Colorado, are those resulting in injury or death, and those where there is no injury – but where an unreasonable risk of injury existed. The “injury” part is simple enough, but what is unreasonable? Let’s focus on this as we consider what the different types of Child Abuse are in Colorado. A mistake can result in you being charged with felony child abuse or misdemeanor child abuse.
Child Abuse Involving Injury or Death in Greeley, Colorado – Felony and Misdemeanor Child Abuse
While the death of a child is obvious to define, Felony or Misdemeanor Child Abuse resulting in injury is harder, because knowing or reckless injury is one type and criminal negligence is another. Then we have serious injury and non-serious injury. For example, if a child is accidently burned by a stove, hot item or campfire, adults are charged. This then gets more complicated depending on the mindset of the adult and the severity of injury. We can get charged in many ways, as follows:
- Death with knowingly or reckless conduct, is a class 2 felony;
- Death when someone acts with criminal negligence, is a class 3 felony
- Serious bodily injury from criminal negligence is a class 4 felony
- Serious injury from knowing or reckless conduct is a class 3 felony
- Non-serious bodily injury from knowing or reckless conduct is a class 1 misdemeanor
- Non-serious bodily injury from criminal negligence is a class 2 misdemeanor in most situations
No Injury Child Abuse in Weld County – A Defense Lawyer’s View of Less Serious Misdemeanor and Felony Child Abuse
- Normally, if a child is not injured, a parent or guardian can be charged in Weld County Court with either a class 2 misdemeanor or a class 5 felony, when the adult acts knowingly or recklessly;
- When someone acts with criminal negligence, they can be charged with a class 3 misdemeanor, or a class 5 felony.
Charges of Child Abuse in Greeley for Simply Having a Child Nearby? Yes, a New Trend.
Another big problem today in Greeley, Colorado, is the new trend of police and deputy sheriffs charging no-injury child abuse alongside pretty much any crime when a child is nearby. We’ve recently seen charges when a parent got mad and threw a cell phone down and a child was nearby. If drugs are on scene, Child Abuse is often charged. If a DUI occurs and a child is in the car, Child Abuse is now charged. This recent trend of bolstering charges due to the presence or nearby presence of a child, is beyond the intent of Colorado law.
Additional Child Abuse / Endangerment Consequences for Parents of Children
DHS / Social Services in Weld County + Dependency and Neglect Under C.R.S. 19-3-102
Social Services and DHS in Weld County are difficult to deal with. These agencies are untrustworthy and will threaten to take kids away to gain an advantage for themselves or police in any criminal case. Often, they are the ones calling police to your house. In other situations, police refer new cases of child endangerment or child abuse to them. DHS and Social Services have the power to file a civil case against you called a Dependency and Neglect case. Here, they will try and gain legal authority to take control of your entire family. The law gives them short term control automatically, if they allege an emergency, due to Child Abuse allegations. Then you’ll have a hearing on whether the control is permanent. You need to be ready to fight them every step of the way, and this can get expensive. It is important to be prudent and not make them angry – or they will do whatever it takes to get back at you. Just like kids with hurt feelings, Social Services / DHS will attack you without reason. You must never reveal your true intentions or beliefs to them, because these “children” will use anything you say against you.
Trails or Child Abuse Registry in Greeley – DHS and Social Services Try for a Permanent Listing of Child Abuse
Past your criminal record, the Department of Human Services stores a large database of people who have been found responsible child abuse or endangerment. This is called a Founded Report or a Confirmed report. The conclusion is reached at the county level, and then reported to the state level DHS. Known as Trails, this database is used for employment and child care agency screens by government and private organizations. It is always important to appeal the Weld County decision to put your name on the Trails system. There is also a similar registry / database of persons accused of elder abuse or At Risk Adult harm. You need to challenge government findings that you belong on either of these data bases.