Emotional Abuse/Neglect
Despite what some may believe, emotional abuse is real and it does have lasting consequences on children. You can probably remember how it felt to be bullied in school as a child. Now, imagine that you were also bullied at home by the people you have a biological drive to please and impress. While childhood emotional abuse and neglect are associated with myriad negative outcomes for children, adolescents, and adults, emotional abuse and neglect generally aren’t on DCFS’s radar, unless they’re showing up alongside other serious issues such as physical abuse or sexual abuse. In most cases, DCFS is only likely to act if the child is in immediate danger, or has already experienced abuse. Even when DCFS does act, their first action is not typically to remove the child from the home, but to provide resources to the parents that will enable them to raise the child in a healthier environment. When it comes to emotional abuse, not only does there tend to be a lack of evidence of abuse, but there also tends to be difficulties applying appropriate preventative measures without stepping on a parent’s legal rights.
Overindulgence
Overindulgence, like emotional abuse, has been associated with a lot of negative outcomes. However, most caseworkers are overburdened with reports of children who are experiencing severe neglect, physical abuse, and/or sexual abuse. They simply don’t have time to investigate cases that could be considered to be less urgent. In the case of overindulgence, the children are rarely experiencing physical harm as a direct result of overindulgent parenting. While it may not be good for a child not to hear the word no, and they may have behavioral problems as a result, the parents do have a right to raise their child in whatever manner they see fit—even if it does result in a child who is less capable of behaving themselves appropriately. However, there are some parents who deliberately overindulge their children in order to become the child’s favorite and alienate the child’s other parent. This is common in cases where the parents are divorced or separated. While DCFS may not have the ability to combat this type of behavior, the courts may take action in order to prevent this type of alienation.
Mild Medical “Neglect”
DCFS is generally only interested in medical neglect when the lack of medical care is dangerous for the child. For example, nobody’s going to force you to take your child to the dentist. As a parent, you have a right to refuse any treatment plan on behalf of your child. However, if your child develops a cavity, you do have an obligation to seek reasonable and effective treatment for that cavity. Childhood obesity, mental health issues, vaccination issues, yearly check-ups, and more, typically fall within the parent’s discretion. Parents (usually) don’t have a legal obligation to put their child on a diet plan, seek mental health care for the child, get the child all the recommended vaccines, etc. Courts and DCFS will typically only get involved when they believe that the child is in danger due to the lack of medical care they’re receiving.
Educational Neglect
Parents’ rights to raise their children however they please typically includes decisions about the child’s education. If parents decide that it’s best to homeschool their children, they typically have the right to do that. Not every place has robust regulations around homeschooling practices. There are states that do not require parents to provide any proof that their children are actually learning at the level that they’re supposed to be. While many parents homeschool their children and do a wonderful job, there are also parents whose children, despite the parent’s best efforts, are falling behind their peers developmentally, socially, and academically. However, simply being “behind” while being homeschooled isn’t necessarily enough for DCFS to get involved. In most cases, a child would have to be substantially behind in order for DCFS to get involved.
Permissive Parenting
Permissive parenting generally refers to a parenting style where the child is encouraged to “raise themselves.” These parents often have few rules, boundaries, or expectations for the children. While this is widely considered not to be ideal for the children, it isn’t something DCFS would typically be interested in investigating. As previously mentioned, since parents have more or less a nearly unlimited ability to make decisions about child-rearing, a parent could, if they so chose, just let their kid do whatever they wanted—within reason, of course. Assuming the parents aren’t neglecting the child, contributing to the child’s delinquency, or helping the child break the law, parents are generally allowed to have no rules. However, while DCFS may not have an interest in this issue, a family law court very well may find it concerning if it’s affecting your ability to effectively co-parent. For example, if you are using a lack of rules to alienate your ex, there could be consequences for that.
When You Have Concerns
If you have concerns about your child’s well-being, it may be in your best interests to speak to an attorney. An attorney can help you understand your rights as well as the process of modifying custody arrangements. If you need help with your custody arrangements, contact CoilLaw today for an initial consultation.
