Information for Parents, Guardians and Caretakers
Definitions
Child Abuse is an act or omission that threatens the health or welfare of a child in one of the following ways:
Physical Abuse is any non-accidental injury to a child by a parent, caretaker, or an adult in a position of trust which results in bruises, cuts, burns, broken bones or death.
Physical Neglect is a situation in which a child's parents or legal guardians fail to take the same actions to provide adequate food, clothing, shelter, medical care or supervision that a prudent parent would take.
Emotional Abuse involves language or behavior utilized by a parent, caretaker or an adult in the position of trust to cause a child to feel threatened or unloved.
Sexual Abuse is any sexual activity between an adult and a child including sexual assault, pornographic image, online or e-mail solicitation, exploitation, or prostitution.
An Adjudication Hearing is a hearing held within 90 days after the filing of the Dependency and Neglect Petition. At this hearing, the Department of Social Services must provide evidence that the child is dependent or neglected.
A Dependency and Neglect Petition is a petition filed in court by the Department of Social services that states that the child has been abused, neglected, or has no parent able to care for him/her.
Guardian ad Litem are practicing attorneys appointed to represent and safeguard the best interest of the child in civil court.
A Preliminary Hearing is a hearing to determine "probable cause" based on evidence that a crime has been committed and that a particular suspect or the defendant is the individual most likely to have committed the crime.
A Shelter Hearing is an emergency protective custody hearing with the Department of Social Services.
A Treatment Plan identifies problems/concerns and describes treatment or intervention plans to address them.
Investigating Child Abuse
Following a report of Child Abuse or Neglect, the Pueblo County Department of Social Services and the appropriate law enforcement agency are required by law to investigate. Interviews with alleged victims and witnesses are usually conducted at the Pueblo Child Advocacy Center by child protection workers and law enforcement detectives who work together as a team to investigate.
In some cases, only child protection workers or only law enforcement detectives are involved. Suspects are not interrogated or allowed on-site at the Pueblo Child Advocacy Center because it is so important that children feel safe and at ease. Under rare circumstances, juvenile suspects may be interviewed at the PCAC as a victim of sexual abuse.
The investigative team talks with the alleged victim and any others who may have information regarding the allegations or suspicions. The law enforcement detective assigned to each case asks for factual information regarding what may have happened, who may have been involved and where it may have happened.
If there are concerns that a child may not be safe at home, the detective may take emergency protective custody, usually temporarily, while the investigation is being conducted.
Every situation involving Child Abuse allegations is unique and each investigation is carried out according to the specific circumstances involved. In every case, the primary concern is finding the truth in order to ensure the safety of the child(ren).
In addition to safeguarding the immediate safety of the child(ren), law enforcement detectives are responsible for obtaining and protecting all evidence for possible civil and/or criminal court action when it is reasonably determined that a crime has occurred. They may also attain a warrant and arrest the suspect.
The Department of Social Services is concerned about the ongoing safety of children. A specially trained child worker from the Department of Social Services determines if there is a threat to the child's safety and what steps to take to provide protection.
A child may be removed from his/her home by law enforcement or the Court due to Child Abuse allegations only as a last resort to provide for safety of the child.
The Department of Social Services and the Court determine appropriate temporary and long term placement for the child.
If you fear retaliation or experience and harassment as a result of the pending case, please contact the appropriate law enforcement agency immediately.
Pueblo Police Department: 553-2538 Pueblo County Sheriff's Office: 583-6125 911 in an EMERGENCY
Medical Examinations
If indicated by the investigation, a medical evaluation is scheduled at the Pueblo Child Advocacy Center. Qualified medical providers, specially trained in diagnosis and treatment of Child Abuse and Sexual Abuse realted conditions, conduct medical examinations in the supportive, comfortable atmosphere of the PCAC.
The medical exam is conducted to collect medical facts and to ensure the well being of the child. The process includes a review of the child's medical history to ensure the best possible accuracy. Exams that are conducted in cases involving Sexual Abuse allegations involve a genital exam that is age appropriate and as non-intrusive as possible.
The medical exam process is usually reassuring for the child and his/her family because it is usually that the child is physically fine.
A copy of the medical assessment is forwarded to the Department of Social Services, law enforcement and with the parent's/guardian's permission, to the child's primary care physician.
The Civil Court
Protection, which is the primary concern in every Child Abuse case, can be accomplished through the civil courts whether or not criminal charges are filed. The Department of Social Services may request court supervision of the family, file for a restraining order to ensure protection of a child or request custody of a child and removal from the home which is usually temporary until necessary changes are completed.
If law enforcement places a child in emergency protective custody with the Department of Social Services, a shelter hearing must be held within 48 hours. Parents will be informed of the time and place of this hearing and may choose to obtain a lawyer. In order to safeguard the best interest of the child, a Guardian ad Litem is appointed to represent the child's best interests in court.
The Department of Social Services will begin to work with the family right away with the goal of returning the child to the home. A treatment plan is developed which identifies problems/concerns and describes treatment or intervention plans to address them.
A Dependency and Neglect Petition which states that a child has been abused, neglected, abandoned or has no parent able to care for him/her may be filed in court by the Department of Social Services.
The initial hearing is held within 30 days from the date the petition was filed with the court and parents/guardians are advised of their rights. The Guardian ad Litem will be present at all hearings to represent the best interest of the child.
An Adjudication Hearing is held within 90 days after the petition is filed. At this hearing, the Department of Social Services has to show by a preponderance of evidence that the child is dependant and neglected. A settlement on the case is sometimes reached before adjudication if all parties reach an agreement.
Following the adjudication, a treatment plan for the family is submitted to the court in a Dispositional Hearing. If the treatment plan is accepted by the Court, the parents MUST COMPLY with the treatment plan as court ordered.
A child may be returned to his/her parents at any time during the judicial process. Termination of the parental rights occurs only in extreme cases when it is determined that the child cannot be safely returned home and/or the parents have not successfully complied with the court ordered treatment.
The Criminal Court
Cases are referred to the district attorney by law enforcement when the investigative process leads law enforcement to believe that a crime has been committed.
Following an arrest, the defendant is advised of the charges on which he/she was arrested at Advisement. The advisement is done with the defendant at the jail.
The defendant is given a copy of the charges being filed against him/her at the First Appearance. This is the first time the defendant appears in the courtroom in front of a judge.
At the Preliminary Hearing, the judge determines if there is enough evidence to take the case to trial. If probable cause is found, the defendant is bound over for trial. the defendant may choose to waive this hearing. If this hearing is conducted, the victim often testifies.
The defendant is required to appear before the judge at the Arraignment to enter a plea of guilty or not guilty.
Many cases are settled without trial by negotiations between the prosecutor and the defense attorney through Plea Negotiations. When practical, the prosecutor consults with the victim concerning negotiated pleas.
At the Trial, the prosecutor presents the people's case and must proove beyond a reasonable doubt that the defendant committed the crime. The decision or verdict is determined by the jury. A not guilty verdict does not mean that the child was not believed. It means the state did not meet its burden of proof as determined by the jury.
Once a defendant is found guilty, the judge imposes a Sentence.
Court Appointed Special Advocates - CASA
As described in "The Civil Court" section, children are represented in civil court by pracicing attorneys called Guardians ad Litem. They are appointed to safeguard the best interests of children in court.
A CASA colunteer works in partnership with a Guardian ad Litem. CASA volunteers are concerned community members who have completed a thorough screening and training process. Each CASA volunteer helps the Guardian ad Litem by collecting information, observing adult-child interactions and maintaining contact with the child(ren) with whom he/she is matched. The Guardian ad Litem then incorporates the CASA report into his/her court representation of the child(ren).
Appointment of a CASA volunteer is at the discretion of the Court. Once an appointment has been issued. the Court Appointed Special Advocates of Pueblo assigns the most appropriate CASA volunteer. If a CASA volunteer has not been assigned to your case and you think it is necessary, please contact the Guardian ad Litem assigned to the case. Appointment of a CASA volunteer is at the discretion of the Guardian ad Litem or judge.
Healing is a Process
Regardless of other outcomes of a case, therapeutic treatment is an important part of the healing process. Treatment is available soon after and if necessary during the investigation. Children can receive help from specially trained workers through the Department of Social Services, Spanish Peaks Mental Health Center, or many other local therapists. Therapy groups facilitated by the Department of Social Services meet at the Pueblo Child Advocacy Center on an ongoing basis.
At first, it may be difficult for the child(ren) and parents to believe that abuse has really happened. It is vital to understand that healing is a process. Treatment with a trained therapist is critical to the healing process. Because every family member has strong emotional reactions to the abuse, the whole family needs to be involved in the healing process.
As a parent, believing your child is crucial. Helping a child learn how to trust again is a major goal of therapy. It is also important to help him/her to know that the abuse was not his/her fault. Saying, "It is not your fault" is not enough. The following suggestions may be helpful.
- Allow your child to talk about his/her feelings about the abuse and try to keep your own feelings seperate. Your child may experience mixed feelings of anger, guilt, hurt and betrayal as well as love-especially if the offender is a family member or friend.
- Parents, guardians and other family members are likely to experience painful and confusing feelings and it may be helpful for each individual to find someone trustworthy with whom he/she can talk about the effects of the abuse.
- Remember that recovery is possible for your child(ren) and for you and that healing takes time and patience. Your child may need to talk about the abuse long after it occurred and may need therapy at different stages in his/her development.
- Try to resume as normal a life as possible and treat your child as you usually do. Children need to know that they are protected without feeling isolated or different. Maintaining a calm environment may help them feel more secure.
- Take life one day at a time and remember that problems cannot all be solved in one day. Handle problems as they arise and ask for help from others when you need it.
- Obtain therapeutic assistance for you and/or your child whenever it is needed even if you think the incident is in the past and everybody should have put it behind them.
Victim's Assistance and Compensation
Many services and programs are available in the community to address the special needs of families affected by Child Abuse allegations. The district attorney's office can provide an orientation to the criminal justice system, information about the status of a case, court escorts, referrals and assistance with Victim's Compensation. To apply for Victim's Compensation, you must file an application with the district attorney's office and be willing to cooperate fully with law enforcement and prosecution.
The district attorney's office can also provide help with witness intimidation problems. The district attorney's office can provide more effective assistance if they are given the defendant's full name, the type and time period of the incident, and the case report number assigned by the investigating law enforcement agency.
Reporting Child Abuse
Child Abuse is a serious problem in Pueblo County and reporting Child Abuse is the resposibility of every concerned person. The law requires that individuals in certain professions, especially those who have regular contact with children, MUST report any knowledge or suspicion of Child Abuse or Neglect. Any other person who has reason to know or suspect that a child is being abused or neglected is encouraged to report his/her concerns. Reports may be made anonymously and with immunity from liability, unless the reporting person knows the allegations are false and is making them for malicious reasons.
Suspected Child Abuse or Neglect may be made by calling any of the following numbers:
Pueblo County Department of Social Services: 583-6901
Pueblo Police Department: 553-2538 Pueblo County Sheriff's Office: 583-6125
911 in an EMERGENCY
Community Resources
Counselors for Child Victims of Sexual Abuse
Parkview Family Counseling, 417 W. 13th St., Pueblo, CO 81003 544-0877
Catholic Charities, Diocese of Pueblo, 429 W. 10th St. Suite 101, Pueblo, CO 81003 544-4233
Spanish Peaks Mental Health Center, 1304 Chinook Ln., Pueblo, CO 81001 545-2746
Associates for Psychotherapy, 924 Indiana Ave., Pueblo, CO 81004 564-9039
Child Care Referral and Information
Children First, 900 W. Orman CC 165, Pueblo, CO 81004 549-3272
Eastside Child Care Center, 2717 E 8th St., Pueblo, CO 81001 545-2203
Rocky Mountain SER, 325 W. 10th St., Pueblo, CO 81003 543-7484
Southside Children's Center, 2601 Sprague Ave., Pueblo, CO 81004 564-2285
Washington Day Care Center, 401 S. Prairie Ave., Pueblo, CO 81004 561-9000
YMCA (Call for Locations) 543-5151
YWCA (Keating), 215 E. Orman Ave., Pueblo, CO 81004 253-6176
YWCA (Pueblo Community College), 900 W. Orman Ave., Pueblo, CO 81004 549-3011
Drug/Alcohol Dependency Treatment
Crossroads Managed Care System, 509 E. 13th St., Pueblo, CO 81001 546-6666
Parkview Chemical Dependency Program, 58 Club Manor Dr., Pueblo, CO 81008 584-4343
St. Mary Corwin Recovery Center, 1008 Minnequa Ave., Pueblo, CO 81004 560-4817
Family Support Services
A Caring Pregnancy Center, 500 Colorado Ave., Pueblo, CO 81004 544-9312
ACOVA Victim's Assistance, 130 Central Main St., Pueblo, CO 81003 553-2460
CASA of Pueblo, 803 W. 4th St., Pueblo, CO 583-6326
Colorado Blue Sky, 115 W. 2nd St., Pueblo, CO 546-0572
Hope for Children, 801 W. 4th St. Suite 104, Pueblo, CO 81003 545-6821
Legal Services, 1000 W. 6th St. Suite 1, Pueblo, CO 81003 545-6708
Planned Parenthood, 955 W. US Hwy 50, Pueblo, CO 81008 545-0246
Pueblo City/County Health Department, 151 Central Main St., Pueblo, CO 81003 583-4300
Pueblo Community Health Center, 110 E. Routt Ave., Pueblo, CO 81004 543-8711
Pueblo Rape Crisis Services, 301 W. 13th St., Pueblo, CO 81003 583-4420
Soaring Eagle Center for Autism, 281 S. Joe Martinez Blvd., Pueblo West, CO 81007 547-8803
Suicide Prevention Center, Help Line - 564-6642 Teen Hotline - 564-5566
Therapeutic Riding & Education Center, 508 E. Idledale Dr., Pueblo West, CO 81007 547-8315
Victim's Assistance & Victim's Compensation, 801 N. Santa Fe Ave., Pueblo, CO 81003 542-6904
Parent Education
Love and Logic, 429 W. 10th St. Suite 101, Pueblo, CO 81003 544-4233
CSU Extension at DSS, 212 W. 12th St., Pueblo, CO 81003 583-6566
Hope for Children, 801 W. 4th St. Suite 104, Pueblo, CO 81003 545-6821
National Resources
CHILDHELP USA - National Child Abuse Hotline, (800) 422-4453
National Center for Missing and Exploited Children, (800) 843-5678
Kempe Children's Center, (303) 864-5678
Additional information to help you understand and prevent Crimes Against Children
National Data Archive on Child Abuse and Neglect
International Society for the Prevention of Child Abuse and Neglect
National Child Advocacy Center Research Library
The National Center on Child Fatality Review
Crimes Against Children Research Center
Internet Crimes Against Children
Crimes Against Children by Babysitters