The Machine and Child Abuse
A second arrest this month of a parent for shoplifting occurred yesterday at the Wal-Mart near Cottonwood Mall. Wal-Mart surveillance cameras observed the suspect taking a computer memory card and placing it in his five year old son’s pocket. The father subsequently claimed the child stole the item.
What is unusual in this case and the one earlier this month is the parents face additional charges of child abuse.
Yes, yes, my family enjoys a similar event as part of our story. In 1999, JC Penny’s security arrested Patricia for shoplifting. She too claimed our three year old son stole the items and placed them in his stroller. JC Penny’s pressed charges and the DA pursued the case. The drama only ended when I convinced the security guard that he did not wish to testify. One of the classic examples of my enabling Patricia’s erratic behavior.
There existed no economical reason for Patricia to shoplift. Glen, present along with Jessica and Montie through the theft and arrest, later stated his belief that Patricia acted just to see if I would step up and protect her. I did.
A minor incident among thousands surrounding our story. What interests me is the child abuse charges.
In 2004 I entered into long arguments with the District Attorney’s office about charging Patricia with felony child abuse for her actions of February 6, 2004. In my poor non lawyer eyes, the issue appeared crystal clear. Patricia plotted to bring an armed murderer in the house to kill me with the children present. What did she think the murderer would do if he encountered one of the children after killing me? And how would the discovery of my dead body by my eight year old son impact him?
They rejected the argument, without response they simply told me they would not charge Patricia with child abuse.
Why did I care? Next April I face Patricia’s release from prison. A conviction on child abuse would go a long way to keeping Patricia from access to the children.
But having your children present when you shop lift is child abuse, as appears the case with the first arrest. Stuffing a stolen item in your child’s pocket is another clear example of child abuse.
Maybe.
Do we really wish the Machine to decide this? I spent quite a bit of time talking with a friend of mine this weekend about the issues surrounding family, divorce, and the Machine. I believe this new development where the Machine charges child abuse as part of shoplifting under $100 is an area for discussion.
I do not have answers, I only have fears. If you have never had the experience of a stranger coming into your life under the protection of the Machine and evaluating you as a parent, you may miss the point. Be afraid, be very afraid.




Unfortunately after taking both Children and the Law and Family Law, I've seen that child abuse convictions don't go nearly as far as they should. That's probably why the Machine feels comfortable deciding something like this. CPS needs WAY more than one incident of abuse in order to ever dream of terminating parental rights, so I can see why they would want to tack on as many little things as they can. I can understand your confusion though--seems a little strange that shoving an item in your child's pocket would constitute abuse, but directing a murderer to enter their home while they are sleeping is just fine. Another interesting chapter Steve!
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