Safety Plans: Protecting Children In Abuse Cases

Having handled divorce cases for over 37 years, there is nothing more challenging (and stressful) than when children have been the victims of abuse. There is also nothing more rewarding than standing steadfast and protecting children from repeated abuse.

Under Maryland law, family law courts are required to carefully consider evidence of abuse and/or neglect. In such cases, the court must also determine whether or not such abuse and/or neglect is likely to occur, assuming custody or visitation rights are granted to the offending party. The law creates high hurdles in such cases:

Unless the court specifically finds that there is no likelihood of further child abuse or neglect by the party, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological and emotional well-being of the child.

Abuse is expansively defined under Maryland law and includes “the physical or mental injury of a child under circumstances that indicate that the child’s health or welfare is harmed or at substantial risk of being harmed by a parent, a household member or family member,” etc. Sexual abuse is also prohibited regardless of whether physical injuries are sustained. Abuse does not include a physical injury by accidental means. “Mental injury” includes “substantial impairment of a child’s mental or psychological ability to function caused by an intentional act or series of acts, regardless of whether there was an intent to harm the child.”

As noted above, child access is usually denied in cases of abuse unless there is “a supervised visitation arrangement that assures the safety … and emotional well-being” of a child. In these cases, a safety plan may be ordered by the court and will include some or all of the following:

1. A monitor may be appointed to serve the important role of supervising child visitation.
2. The monitor and the custodial parent should have regular contact and open lines of communication.
3. Generally, if the monitor is unavailable, overnight visitation will be canceled.
4. Alcohol and other drugs should be avoided by the visiting parent and the monitor.
5. Additional conditions may be included as they are designed to protect the children.

Child abuse is a serious and sensitive matter to confront. If your children have been the victims of abuse, you should consult with an attorney who has handled these cases and is able to address the complex issues involved.

If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville, by calling 410-244-1189, or by emailing at david@diggslaw.com.