STATE STATUTES Current Through June 2014 WHAT’S INSIDE Definitions of Child Abuse and Neglect Types of abuse Standards for reporting Child abuse and neglect are defined by Federal Persons responsible and State laws. At the State level, child abuse and for the child neglect may be defined in both civil and criminal statutes. This publication presents civil definitions Exceptions that determine the grounds for intervention by State child protective agencies.1 At the Federal Summaries of State laws level, the Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as: To find statute information for a Any recent act or failure to act on the part of particular State, a parent or caretaker, which results in death, go to serious physical or emotional harm, sexual https://www.childwelfare. abuse, or exploitation, or an act or failure to gov/systemwide/ act which presents an imminent risk of serious laws_policies/state/ harm2 1 States also may define child abuse and neglect in criminal statutes. These definitions provide the grounds for the arrest and prosecution of the offenders. For information on the criminal aspects of child abuse and neglect, visit the National Center for Prosecution of Child Abuse website: http://www.ndaa.org/ncpca.html 2 CAPTA Reauthorization Act of 2010 (P.L. 111-320), § 3. Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Definitions of Child Abuse and Neglect https://www.childwelfare.gov The CAPTA definition of sexual abuse includes: labor trafficking, involuntary servitude, or trafficking of minors, is included in the definition of child abuse.6 The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, Neglect or assist any other person to engage in, any sexually Neglect is frequently defined as the failure of a parent explicit conduct or simulation of such conduct for or other person with responsibility for the child to the purpose of producing a visual depiction of such provide needed food, clothing, shelter, medical care, or conduct; or supervision to the degree that the child’s health, safety, and well-being are threatened with harm. Approximately The rape, and in cases of caretaker or interfamilial 25 States, the District of Columbia, American Samoa, relationships, statutory rape, molestation, Puerto Rico, and the Virgin Islands include failure to prostitution, or other form of sexual exploitation of educate the child as required by law in their definition of children, or incest with children3 neglect.7 Nine States and American Samoa specifically define medical neglect as failing to provide any special Types of Abuse medical treatment or mental health care needed by the Nearly all States, the District of Columbia, American child.8 In addition, four States define medical neglect as Samoa, Guam, the Northern Mariana Islands, Puerto the withholding of medical treatment or nutrition from Rico, and the U.S. Virgin Islands provide civil definitions disabled infants with life-threatening conditions.9 of child abuse and neglect in statute.4 States recognize the different types of abuse in their definitions, including Sexual Abuse/Exploitation physical abuse, neglect, sexual abuse, and emotional All States include sexual abuse in their definitions of abuse. Some States also provide definitions in statute for child abuse. Some States refer in general terms to sexual parental substance abuse and/or for abandonment as abuse, while others specify various acts as sexual abuse. child abuse. Sexual exploitation is an element of the definition of sexual abuse in most jurisdictions. Sexual exploitation Physical Abuse includes allowing the child to engage in prostitution or Physical abuse is generally defined as “any nonaccidental in the production of child pornography. In seven States, physical injury to the child” and can include striking, the definition of sexual abuse includes human trafficking, kicking, burning, or biting the child, or any action including sex trafficking or trafficking of children for that results in a physical impairment of the child. In sexual purposes.10 approximately 38 States and American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Emotional Abuse Islands, the definition of abuse also includes acts or Almost all States, the District of Columbia, American circumstances that threaten the child with harm or create Samoa, Guam, the Northern Mariana Islands, Puerto Rico, a substantial risk of harm to the child’s health or welfare.5 and the Virgin Islands include emotional maltreatment In four States, the crime of human trafficking, including 6 Hawaii, Illinois, Louisiana, and North Carolina. 3 42 U.S.C.A. § 5106g(4) (2010). 7 The States that define “failure to educate” as neglect include Arkansas, 4 Massachusetts defines child abuse and neglect in regulation. Colorado, Connecticut, Delaware, Idaho, Indiana, Kentucky, Maine, Minnesota, 5 The word “approximately” is used to stress the fact that the States Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New frequently amend their laws. This information is current through May 2014. The Mexico, New York, North Dakota, Ohio, Pennsylvania, South Carolina, South States are Alabama, Alaska, Arkansas, California, Colorado, Florida, Hawaii, Dakota, Utah, West Virginia, and Wyoming. Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, 8 Arkansas, Mississippi, Iowa, North Dakota, Ohio, Oklahoma, Tennessee, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, Texas, and West Virginia. New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode 9 Indiana, Kansas, Minnesota, and Montana. Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West 10 Florida, Louisiana, Maryland, Massachusetts, Minnesota, North Carolina, Virginia, Wisconsin, and Wyoming. and Texas. This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. Available online at https://www.childwelfare.gov/systemwide/laws_policies/statutes/define.cfm 2 Definitions of Child Abuse and Neglect https://www.childwelfare.gov as part of their definitions of abuse or neglect.11 Abandonment Approximately 33 States, the District of Columbia, the Approximately 17 States and the District of Columbia Northern Mariana Islands, and Puerto Rico provide include abandonment in their definitions of abuse or specific definitions of emotional abuse or mental injury neglect, generally as a type of neglect.19 Approximately to a child.12 Typical language used in these definitions is 18 States, Guam, Puerto Rico, and the Virgin Islands “injury to the psychological capacity or emotional stability provide definitions for abandonment that are separate of the child as evidenced by an observable or substantial from the definition of neglect.20 In general, it is considered change in behavior, emotional response, or cognition” abandonment of the child when the parent’s identity or and injury as evidenced by “anxiety, depression, whereabouts are unknown, the child has been left by the withdrawal, or aggressive behavior.” parent in circumstances in which the child suffers serious Parental Substance Abuse harm, or the parent has failed to maintain contact with the child or to provide reasonable support for a specified Parental substance abuse is an element of the definition period of time. of child abuse or neglect in some States.13 Circumstances that are considered abuse or neglect in some States Standards for Reporting include: Generally speaking, a report must be made when an Prenatal exposure of a child to harm due to the individual knows or has reasonable cause to believe mother’s use of an illegal drug or other substance (14 or suspect that a child has been subjected to abuse or 14 States and the District of Columbia) neglect. In seven States, American Samoa, the Northern Manufacture of a controlled substance in the presence Mariana Islands, and the Virgin Islands, a report is of a child or on the premises occupied by a child (12 required when the reporter knows that the child is being States)15 subjected to conditions or circumstances that would lead a reasonable person to believe could result in the child Allowing a child to be present where the chemicals 21 or equipment for the manufacture of controlled being abused or neglected. These standards guide substances are used or stored (three States)16 mandatory reporters in deciding whether to make a report to child protective services. Selling, distributing, or giving drugs or alcohol to a child (seven States and Guam)17 Persons Responsible for the Child Use of a controlled substance by a caregiver that impairs the caregiver’s ability to adequately care for In addition to defining acts or omissions that constitute the child (eight States)18 child abuse or neglect, several States’ statutes provide specific definitions of persons who can be reported 11 All States except Georgia and Washington. 12 Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Hawaii, to child protective services as perpetrators of abuse Idaho, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, or neglect. These persons have some relationship or Montana, Nevada, New Hampshire, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, regular responsibility for the child. This generally includes Utah, Vermont,