\n\t\t\t\t\t\tTwo cases \u2014 both caught on camera \u2014 have some people asking questions.Ring camera video given to WESH 2 by a family member shows a man grabbing his stepdaughter and pinning her against the hood of a car.The State Attorney\u2019s Office is now reviewing whether it rises to the level of child abuse. So far, no one has been charged.\u201cThe court system sometimes has to strike a balance,\u201d attorney Chris Carson said. \u201cUnless there\u2019s court intervention, you have a right to parent your child as you see fit.\u201dCarson is a criminal defense attorney not affiliated with either case. He previously worked as an investigator for the Public Defender\u2019s Office of the 4th Judicial Circuit. Carson said prosecutors face more limitations when it comes to charging someone with child abuse, especially a parent.About 60 miles toward the coast in Merritt Island, Sara Jenkins, 49, was arrested and charged with animal cruelty. A video posted on the Brevard County Sheriff\u2019s Office Facebook page shows her punching and then throwing a cat.Both cases are under the jurisdiction of the same state attorney.\u201cAs a practical matter, when you start getting into neglect cases and abuse cases involving humans, the penalty structure and the severity are significantly higher,\u201d Carson said. \u201cAt the end of the day, when you\u2019re talking about animal cruelty cases, typically you\u2019re talking about misdemeanors, sometimes low-level felonies.\u201dAlso in Brevard County, a Palm Bay mother was arrested and charged with child abuse for a second time after her 16-month-old child nearly drowned in the family\u2019s pool.In September, Laura Forczyk, 42, was arrested when the Department of Children and Families found her six children locked in their bedrooms with no access to food or water, according to a probable cause affidavit. She was released on bond and later reunited with her children until the most recent incident.\u201cIt is generally understood that the vast majority of parents have their children\u2019s best interests at heart. Obviously, there are exceptions, and sometimes those exceptions are due to someone\u2019s inability to function,\u201d Carson said. \u201cSometimes it involves substance abuse, mental health issues and other factors. It\u2019s part of why things can be so complex when we\u2019re talking about court intervention.\u201dFlorida law sets a high bar for charging a parent with child abuse. In Florida, corporal punishment is legal, and courts have repeatedly sided with parents.The Florida Supreme Court ruled in Marshall v. Reams that parents have the right to correct a child under their control and to \u201cmoderately chastise\u201d him or her.In King v. State, the 2nd District Court of Appeals ruled that parent-approved corporal punishment that resulted in significant bruising and welts did not rise to the level of felony child abuse.In State v. Figarola, a father said he impulsively hit his child twice in the face because the child refused to eat. It resulted in a split lip. The 3rd District Court of Appeal ruled that he did not act excessively, unreasonably or beyond the scope of parental discipline that would constitute felony child abuse.\u201cThere are processes where a parent\u2019s rights can be limited or even altogether terminated, but it has to rise to a pretty significant level for that to happen,\u201d Carson said.\n\t\t\t\t\t<\/p>\n
\t\t\t\t\t\tFLORIDA \u2014 \t\t\t\t\t\t\t\t\t\t\t\t\t<\/p>\n
Two cases \u2014 both caught on camera \u2014 have some people asking questions.<\/p>\n
Ring camera video <\/a>given to WESH 2 by a family member shows a man grabbing his stepdaughter and pinning her against the hood of a car.<\/p>\n The State Attorney\u2019s Office is now reviewing whether it rises to the level of child abuse. So far, no one has been charged.<\/p>\n \u201cThe court system sometimes has to strike a balance,\u201d attorney Chris Carson said. \u201cUnless there\u2019s court intervention, you have a right to parent your child as you see fit.\u201d<\/p>\n Carson is a criminal defense attorney not affiliated with either case. He previously worked as an investigator for the Public Defender\u2019s Office of the 4th Judicial Circuit. Carson said prosecutors face more limitations when it comes to charging someone with child abuse, especially a parent.<\/p>\n About 60 miles toward the coast in Merritt Island, Sara Jenkins, 49, was arrested and charged with animal cruelty. A video posted<\/a> on the Brevard County Sheriff\u2019s Office Facebook page shows her punching and then throwing a cat.<\/p>\n Both cases are under the jurisdiction of the same state attorney.<\/p>\n \u201cAs a practical matter, when you start getting into neglect cases and abuse cases involving humans, the penalty structure and the severity are significantly higher,\u201d Carson said. \u201cAt the end of the day, when you\u2019re talking about animal cruelty cases, typically you\u2019re talking about misdemeanors, sometimes low-level felonies.\u201d<\/p>\n