Child Abuse

Published on: September 6, 2012

Essential Information About The Child Abuse Central Index (CACI)

The Child Abuse Central Index (CACI) was created by the California Legislature in 1965 and is maintained by the California Department of Justice (CDOJ). In an effort to protect the health and safety of children in the state, individuals against whom issues of child neglect or abuse were reported and found to be substantiated are included on the CACI. As of 2011, it contained names of about 850,000 people who were suspected of physical, sexual, metal or emotional abuse and/or neglect of a minor.

People on this list have not necessarily been convicted of a crime, but surprisingly, until 2012, even people who were the subjects of investigations with unsubstantiated findings were likewise included on this list as a possible child abuser.

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Published on: August 21, 2012

McDonald’s Fries Lead to Felony Assault Charge

by Staycie R. Sena

When you think of felony assault and battery charges, you probably envision murderous weapons like guns and knives, not french fries. The California Penal Code defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on [another] person.” Battery is similarly defined as “any willful and unlawful use of force or violence upon [another] person.”

Are french fries capable of inflicting a “violent injury?” When James Hackett and his wife began arguing after purchasing a meal at McDonald’s, his 11-year old stepdaughter attempted to stop their arguing. This angered Hackett, who allegedly then grabbed the container of french fries and threw them at her; they hit her in the face and chest.

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Published on: May 7, 2010

What do I do if I’m served with a restraining order?

by Staycie R. Sena

It’s 9:45 am and your phone rings. The caller ID says that it’s your ex-girlfriend and you smile, hoping that she’s had a chance to think about it, she misses you and is calling to suggest you get together to talk about it. Instead she says “this is formal notice that I’m seeking a temporary restraining order in Orange County today at 1:30”. With that, she hangs up. You show up at court and realize that not only is she seeking a court order to prevent you from contacting her for 3 years, she’s asking for full control over the home you share together and attorneys fees.

Sheriff deputies show up at your door, confirm your identity and hand you a restraining order, telling you that you need to stay at least 300 yards away from Joe Schmoe, the jerk who works down the office hallway, who you’ve been waiting for the boss to fire. What does this mean? Can you legally even show up at work?

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Published on: March 10, 2010

Virtual Reality

by Staycie R. Sena

This headline stopped me dead in my tracks: “Couple Let Baby Starve to Death While Raising Virtual Baby Online”. What? Wait- WHAT?! The tragedy of Korean couple Kim Yoo-chul, 41 and Choi Mi-sun, 25 has made headlines all over the world. CNN reports that the couple let their real daughter starve to death while playing a virtual-reality game where they raised a virtual daughter in 12-hour on-line sessions at a local internet cafe. “The couple seemed to have lost their will to live a normal life because they didn’t have jobs and gave birth to a premature baby, Chung Jin-Won, a police officer, told the Korean press. “They indulged themselves in the online game of raising a virtual character so as to escape from reality, which led to the death of their real baby.” The couple are likely facing charges of child abuse, child neglect and homicide.

Like most people I was perplexed by such recklessness. As a mother, I simply can’t imagine what would compel a parent to neglect a baby so drastically. But, as a criminal defense attorney who has represented many parents in criminal child abuse or child neglect cases, there are a few things troubling about this story. First and foremost, there’s no allegation that the baby was ever left unsupervised.

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