Thursday, November 18, 2010

Child Abuse imputed from Child Neglect

In a recent Precedent decision decided on Nov 17, 2010, (In Matter of Dency Epen Soram, 25 I & N Dec. 378 (BIA 2010)) it was observed that the crime of unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health in violation of section 18-6-401(1)(a) of the Colorado Revised Statutes is categorically a crime of child abuse under section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2006), even though no proof of actual harm or injury to the child is required.

There are two very common laws relating to child safety in Texas which we should be wary of but are very commonly ignored-The laws relate to seat belt, and leaving children unattended in the car.

The Texas Department of Public Safety (DPS) notes that children less than 8 years old must be secured in an age-appropriate child passenger restraint system. If your child is 57 inches or taller, you may utilize an adult seat belt without a child car seat. Texas law also prohibits youth under 18 from riding in the open bed of pick-up or flat-bed truck. A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is:
1. younger than seven years of age; and
2. not attended by an individual in the vehicle who is 14 years of age or older. Leaving a child in a vehicle is punishable under the Texas Penal Code, Title 5, Chapter 22, Section 10 LEAVING A CHILD IN A VEHICLE.

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