Be a Hero. Save a Life. Report Child Abuse.

April is National Child Abuse Prevention Month. Child abuse comes in all forms – emotional, physical, and sexual. It includes a child’s exposure to domestic violence – his or her own or the witnessing of physical and sexual abuse of others. Often times, the perpetrator of child abuse is a parent or caregiver, the one who should most protect a child. For many children, reports of child abuse came too late, after a child was seriously injured or killed. The emotional scars from childhood abuse run deep, often severely damaging a child’s mental health and development. A child often does not have the skills or tools to report what is happening to him or her. Therefore, it is important to recognize signs of abuse and for adults to speak out, no matter how awkward it may feel.

The consequences of an adult staying silent may be something a child literally cannot live with.

A report of suspected child abuse may be made anonymously and it will often lead to an investigation in which caregivers and children are often offered supportive services, such as counseling, parenting classes, and anger management instruction. It does not always lead to the separation of a child from his family, although there are some circumstances where removal is in the child’s best interests for the child’s safety. Increased risk factors for abuse include domestic violence in the household or in a caregiver’s own childhood, substance abuse, and untreated mental illness.There are warning signs of abuse including frequent injuries or unexplained marks or bruises on a child, a child’s reluctance to go home or fear of a caregiver, poor hygiene, inappropriate clothing, untreated illnesses and injuries, excessive punishments, frequent absences or tardies at school, inappropriate sexual behaviors or knowledge of same, and being left alone. Children are often on “high alert” and “walking on eggshells” around an abusive caregiver, never knowing what might set him or her off. A caregiver’s extreme moods, paranoia, drug or alcohol use, and the constant bullying of the child are additional signs. There may be a corollary in the way a caregiver treats other adults and the way the caregiver treats his or her own children. If a caregiver is volatile and angry with other adults, one can only imagine how he or she reacts in anger or frustration to a child behind closed doors. Family members, friends and neighbors are the first line of defense to child abuse. Often, they have a “gut feeling” about the abuse but dismiss it because they do not have better proof or there is a reluctance to get involved. Speaking up can be a matter of life or death for a child. There are professionals who are equipped to investigate these matters. I implore you to speak up for children in these circumstances. Give them a voice. Give them a chance. Be their hero. If you suspect child abuse in Georgia, call 1-855-422-4453. A report can be made 24 hours a day, 7 days a week. You can also email cpsintake@dhs.ga.gov. © 1993–2021 Debra M. Finch, PC, All Rights Reserved.

Show me your papers! Internationally Adopted Children and Proof of Citizenship

If your child was adopted internationally, it is critical that he/she has proof of U.S. citizenship, such as a Certificate of Citizenship (COC) or a valid U.S. Passport.

One client recently recounted an encounter with the DMV when her child went to apply for her learner's license only to be turned away because the child could not "prove" she was a U.S. Citizen. It was upsetting to the parent and the child. The child IS a U.S. citizen but she was caught in the 2001 through 2004 gap when COCs were not automatically sent after completion of an overseas adoption. Read more from "Show Me Your Papers!"

The Child Citizenship Act of 2000 went into effect on February 27, 2001, granting automatic citizenship for most children who entered the U.S. on an IR3 Visa after adoption in a court outside the U.S. (Children entering on an IR4 Visa typically have to finalize their adoption in a US Court and then apply for COC.)

Even though an adopted child entering on an IR3 Visa may have become an automatic citizen, USCIS did not start automatically sending COCs until January 2004. So, in order to prove your child's citizenship, you need to file for a COC for your child if he/she came to the U.S. before January 2004.

A Certificate of Citizenship and/or a valid U.S. Passport are both evidence of citizenship, and in these times, I strongly recommend that you check your paperwork and consult with an adoption attorney to make sure that your child has one or both of these.

A New SS#s for Your Adopted Child and How to Protect Your Child's Credit

The Social Security Administration (SSA) has made some exciting changes in the last year. Previously, it was very difficult to change a child's social security number after adoption, leaving the child at risk for identify fraud. While the name on the card was changed after adoption to reflect the child's new name, the number typically remained the same. Now, however, it's just a matter of requesting the change, and providing the necessary documentation to the SSA.

To be issued a new number, the child must be under the age of 18. A parent must take their adoption decree and their child's new birth certificate to their local SSA office. If the child is 12 or older, the child must accompany the parent to the office.  

It's important to ask your adoption attorney for a copy of the SSA's new policy,  so you can take it with you to the SSA in the event the clerk is unfamiliar with the policy change.    

Another way to protect your child from identity fraud is to place a freeze on the child's credit. For information on how to do this, please go to  How to Freeze Your Child's Credit

Stepparent Adoption

By Debra M. Finch, Esq.

Debra M. Finch, PC

A child advocacy and adoption law firm

In my practice I represent a large number of stepparents who wish to adopt his/her stepchild.  Other than the custodial parent,  the stepparent is often the only other parent the child has known. A stepparent may have a close relationship to the child, although no biological relationship.  Legal guidance is often sought out of concern over what might happen to the child upon the death of the custodial parent.  When a custodial parent dies, custody of the child normally goes to the surviving parent.  The stepparent has no legal rights to his/her stepchild. The child may be thrust into an unfamiliar and unstable situation with his or her surviving parent or other relatives, instead of remaining with a familiar stepparent with whom the child shares a bond.  To prevent such an outcome, a stepparent, with the consent of his/her spouse, may opt to file for a stepparent adoption. 

Among other things, a stepparent adoption requires the consent of the stepparent's spouse. If the child is 14 years or older, it requires the consent of the child. The stepparent must be fingerprinted (as do all petitioners for adoption in Georgia); however, whether a home evaluation is required is in the court's discretion.  The petitioner's attorney may ask the court to waive the evaluation, and often a court will in the case of a stepparent adoption.

A parent may surrender his or her parental rights in favor of the stepparent adoption, or the Court may terminate his/her parental rights, after a hearing, based on certain criteria,which may include failure to support the child in the year prior to petitioning for adoption, failure to communicate with the child in a meaningful way in the year prior to petitioning for adoption, abandonment of the child, death of the non-custodial parent, or a parent's failure or inability to properly parent the child. The Court must also find that termination of parental rights is based on clear and convincing evidence (a high evidentiary standard), and that termination of parental rights is in the child's best interests. 

The parent must be notified of the filing of the stepparent's adoption petition.  The type of notice to the parent depends on whether he or she is a legal parent or not. To determine whether a parent is a legal parent or not depends on a myriad of circumstances (i.e., whether or not the child's parents were married when child was born; whether or not the child was legitimated at birth or thereafter, etc.).  An adoption law attorney will be able to advise you on whether a parent is a legal parent or not under Georgia law and what type of notice must be provided to him/her. (Not providing adequate or proper notice to a parent could place the adoption in jeopardy)

Upon the granting of a stepparent adoption, the stepparent has the same legal rights and obligations to the child as if the child were born to him/her, including rights of inheritance, duty of support, etc.  In the event of divorce, the former stepparent (now parent) will have an obligation to support the child and could seek custodial rights superior to that of his/her spouse.

After the adoption, a  new birth certificate will issue which may change the child's name and which will list the adoptive parent as the child's parent, along with his/her spouse. There will be no mention of the parent whose rights were terminated.  

Stepparent adoption is often legal validation of the bond and relationship between a stepparent and child. If you are interested in stepparent adoption, please consult a qualified adoption attorney who can advise you based on your circumstances and Georgia law. 

No Injury, No Harm, so says Georgia Supreme Court

By Debra M. Finch, Esq.

Debra M. Finch, PC

A child advocacy and adoption law firm

Does an offender commit intentional physical harm to a child when he touches a child in a sexual manner but does not cause physical pain or injury to the child?

In a recent decision, the Georgia Supreme Court ruled no injury, no harm, resulting in the removal of a convicted child molester from the state’s sex offender registry.[1]

In 1993, Blake Randle pled guilty to one count of child molestation. He was sentenced to three years in prison for touching the penis of a ten-year-old boy.  After completing his prison sentence, Mr. Randle registered as a sex offender.[2]

Ten years after completing his sentence, Mr. Randle was eligible to petition for removal from the registry provided he met certain other criteria: 1) no prior convictions for sexual offenses or obscenity in relation to minors; 2) the offense did not involve use of a deadly weapon; 3) no evidence of similar transactions; 4) offense did not involve the transportation of the victim; 5) the victim was not physically restrained; and 6) the victim did not suffer any intentional physical harm during the commission of the offense.[3]

In Randle, the case turned on the definition of “intentional physical harm”. The State argued that because Mr. Randle’s underlying sexual offense involved physical contact with the genitals of a child, it created a presumption of “intentional physical harm”. 

           

The Supreme Court rejected the State’s argument, ruling that the legislature distinguishes “insulting or provoking physical contact” from intentional “physical harm”. Physical harm, the Court said, involves infliction of pain or physical injury.   Because the child victim in the Randle case did not suffer physical harm, Mr. Randle, a convicted child molester, met the criteria for removal from the registry.

Common sense dictates that physical wounds often heal much faster than psychological wounds. While a victim may not suffer intentional “physical harm” during the commission of sexual assault, he or she may suffer severe psychological injuries that never heal, especially if the victim is a child.  

Victims of sexual assault, particularly child victims, deserve better treatment under Georgia law. 

The criteria for removal from the registry should be amended to create a presumption of intentional physical harm when a child is the victim of a sexual assault.  It should also require a showing that the victim (adult or child) was not threatened with physical harm during the assault and did not suffer severe psychological injury as a result of the assault.   Even in the absence of a deadly weapon, the threats employed by some offenders against their victims, especially child victims, are often as effective as use of an actual deadly weapon.

The Randle decision illustrates flaws in how physical harm is defined as it relates to child victims and removal of offenders from the registry. Hopefully, the legislature will see fit to correct it.

---

[1] State v. Randle, Georgia Supreme Court, S15G094 (1/19/2016).

[2] The registration system is designed to monitor and track sex offenders in the community. It is used by the public and by law enforcement.

[3] See O.C.G.A. 42-1-19 and O.C.G.A. 17-10-6.2 (c). 

Parental Alienation: Turning a Child Against Himself

Parental Alienation: Turning a Child Against Himself
by Debra M. Finch, Esq., Debra M. Finch, PC

Parental alienation often begins in a very subtle manner. One parent may suggest that the child's attention or love toward the other parent is misplaced.  As the child enters adolescence and even into early adulthood, attempts to alienate the child often become overt, with the alienating parent encouraging secrecy and engaging in bonding/venting sessions with the child in which the parent and the child both vilify the other parent.    

If the former spouses no longer live in close proximity, the alienating parent often uses the distance and lack of regular contact with the child to further his or her campaign to poison the relationship.The child, by virtue of the distance, is isolated from experiences that would naturally contradict all the negative messages implanted by the alienating parent.  Lack of regular contact with the child allows the poison spewed by the alienating parent to permeate the child's relationship with the other parent.  Positive memories of the parent-child relationship begin to fade. A therapist may even recommend that the targeted parent move within close proximity of the alienator in order to maintain contact with the child.  For many, it is not economically possible. 

The denigration of the targeted parent will most likely escalate if left unchecked.  I recall a particularly egregious case I was involved in years ago in which the pre-teen child referred to his father as "the sperm donor", a name he heard his mother call his father after their divorce.  The father had lived with the child from birth until the child reached the age of eight, after which the parents divorced.  There were no indications that the father had been anything but a loving parent. After the divorce, however, all attempts by the father to see his son were thwarted by the mother, who moved to a different state with the child. The father relocated to be closer to the child; however, much damage had been already been done. The child threatened to run away if he had to visit with his father. During custody exchanges the child screamed hysterically, while the mother stood by spewing obscenities at the father. In such extreme cases, the immediate intervention of the courts and intensive therapy is critical.  

If the alienating parent remarries, he or she will often use the remarriage to further distance the child from the other parent, in effect, attempting to replace the targeted parent. The targeted parent often becomes the "common enemy" and much time is spent maligning him.  If the targeted parent remarries, the remarriage will often trigger the alienator to escalate his or her conduct.  The alienating parent will often become very critical of their former spouse's new spouse and will welcome the child's negative remarks about her.  When confronted, the alienating parent typically says "That's just the way the child feels [about the stepparent or the other parent]. I think it's good for him to vent and express his feelings."  Badmouthing the stepparent becomes the way to the alienating parent's heart.  The alienating parent looks for any opportunity to pounce upon the stepparent or the former spouse for any perceived slight to the child, always presuming that the child's perspective (which has often been marred by the alienator) is on target.   

The alienator often views herself as the "real" parent and shuns any input the other parent may have regarding the child, offering up weak excuses when questioned. "Well, he was never really there for the children when they were younger so why should he have a say-so now?" He or she appears unable to consider the harmful impact their behavior has on the child and, instead, attempts to form alliances with the child which blur the parent-child boundary.  The child often becomes an insecure, depressed and angry adult who has difficulty in his or her own adult relationships.    

The child's anger toward the targeted parent is understandably hurtful to that parent. While the targeted parent knows the rejection is a result of the manipulations and alienation by the other parent, it is, nonetheless, painful. Some targeted parents take it very personally and counter-reject the child.  Others try to "wait" it out and hope that the children will come to their senses when they are older and not under the constant influence of the alienating parent. If the manipulations and alienation of the child continues unfettered into the child's adulthood,  the child is often so psychologically enmeshed with the alienator that treatment is difficult to impossible. 

As a Guardian Ad Litem,  it is important  to understand family dynamics and to examine whether the child's rejection of a parent is caused by intentional alienation by one parent or, perhaps, some other reason. There are situations in which the child may understandably reject a parent, such as when the child has been neglected or abused by that parent.  A child may be closer to one parent because of their personality, their gender, etc. A young child may experience separation anxiety from his primary parent. One also must consider the possibility that a parent may knowingly make false allegations that the other parent is alienating the child from him in order to gain an advantage in litigation, hoping to  convince a judge that the so-called alienating parent deserves less time with the child. Perhaps the false allegation is made to counter the "targeted parent's" own misconduct.  

Finally, when a parent criticizes the other parent to the child, it affects the child's self-esteem. The criticized parent is part of the child's DNA, the child's history, the child's life, and to turn the child against the parent can be the equivalent of turning a child against himself.