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Retinal Hemorrhages
by Markus W. Risinger and Ryan T. McGuire Investigators commonly point to retinal hemorrhages, or retinal bleeding, to distinguish child abuse from accidental injury or underlying medical conditions. Courts rely on expert testimony identifying retinal hemorrhages as evidence of child abuse so frequently that the diagnosis has almost become shorthand for an abuse finding. But […]
Remembering Dr. Henry Kempe
Child abuse was not always criminalized. The United States did not prosecute a case until 1874. There, Mary Ellen Wilson was an adopted orphan whose mistreatment was discovered by her neighbors when she was nine years old. Because of her emaciated appearance, the neighbors thought she was five years old. Authorities soon discovered that Mary […]
Alternative Explanations for Purported Child Abuse
A common joke among law students, especially for those like me with an undergrad degree in political science, is that we attended law school to avoid math and other topics like it. We certainly did not attend law school expecting to research medical conditions. But in my time working on cases involving allegations of child […]
To Catch A Predator: TikTok Edition
Everyone knows Chris Hansen’s show, To Catch A Predator. He was praised for exposing pedophiles to the world by posing online as underage girls that the pedophiles attempted to meet in-person, collecting evidence against the perpetrators just like law enforcement. But now, teenagers inspired by Hansen are exacting their own form of retribution against purported pedophiles. […]
False Allegations of Child Abuse Can Happen to Anyone, Even Cardi B
Recently, someone called Child Protection Services on Cardi B in the middle of the night. The caller claimed that Cardi B was physically abusing her children. The rapper has had pranks pulled on her in the past (e.g. food deliveries she never ordered), but she draws the line at “pranks” affecting her children. In turn, […]
Help! My Ex Falsely Accused Me of Child Abuse!
False allegations of child abuse from former partners are a reality. Sometimes, they are retaliatory to damage the other parent’s credibility or reputation. This (highly unethical) strategy is used to gain leverage over the other person or to induce the court to change parenting orders. These reports may also be done after a decree has […]
How Public Is a Registry Substantiation?
While we have previously discussed the extent of publicity in a family court proceeding, it is important to note that registry cases are an entirely different area of law. Consequently, different rules apply to the findings, processes, and disclosure obligations, including the rules governing publication of registry findings and records from the administrative proceedings. A […]
Understanding the Adult Protective Services Registry System
In Arizona, a vulnerable adult is statutorily defined through A.R.S. § 46-451(A)(10), which states that: “…an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment” [1]. As should be evident from the legal definition, […]
In the Media: “May December” and the Revival of Mary Kay Letourneau
This year has been marred with what appears to be an increase in teachers facing allegations and charges for inappropriate conduct with their students. Particularly, female teachers having sexually inappropriate relationships with their students feels to be more prominent in the media. As recent as September of 2023, a former female high school teacher in […]
The Impact of the Department of Child Safety’s Document Failure on Parents
On Aug. 21, a letter from the state attorney representing the Department of Child Safety (DCS) went out to all presiding judges across Arizona requesting that they “suspend any trials and severance proceedings” set in the next two weeks after a review revealed thousands of documents were not made discoverable in more than 3,800 cases. […]