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Definitions of Child Abuse and Neglect

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STATE STATUTES Current Through March 2019 WHAT’S INSIDE Defining child abuse or Definitions of Child neglect in State law Abuse and Neglect Standards for reporting Child abuse and neglect are defined by Federal Persons responsible for the child and State laws. At the State level, child abuse and neglect may be defined in both civil and criminal Exceptions statutes. This publication presents civil definitions that determine the grounds for intervention by Summaries of State laws State child protective agencies.1 At the Federal level, the Child Abuse Prevention and Treatment To find statute information for a Act (CAPTA) has defined child abuse and neglect particular State, as "any recent act or failure to act on the part go to of a parent or caregiver that results in death, https://www.childwelfare. serious physical or emotional harm, sexual abuse, gov/topics/systemwide/ or exploitation, or an act or failure to act that laws-policies/state/. presents an imminent risk of serious harm."2 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. 2 CAPTA Reauthorization Act of 2010 (P.L. 111-320), 42 U.S.C. § 5101, Note (§ 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 CAPTA defines sexual abuse as follows: and neglect in statute.5 States recognize the different types of abuse in their definitions, including physical abuse, The employment, use, persuasion, inducement, neglect, sexual abuse, and emotional abuse. Some States enticement, or coercion of any child to engage in, also provide definitions in statute for parental substance or assist any other person to engage in, any sexually use and/or for abandonment as child abuse. explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such Physical Abuse conduct; or Physical abuse is generally defined as "any nonaccidental physical injury to the child" and can include striking, The rape, and in cases of caretaker or interfamilial kicking, burning, or biting the child, or any action relationships, statutory rape, molestation, prostitution, that results in a physical impairment of the child. In or other form of sexual exploitation of children, or approximately 42 States and American Samoa, Guam, incest with children.3 the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, the definition of abuse also includes acts or In response to increased awareness of the sex trafficking circumstances that threaten the child with harm or create of minors in the United States, the Justice for Victims a substantial risk of harm to the child's health or welfare.6 of Trafficking Act of 2015 further defined child abuse In 15 States, the crime of human trafficking, including through amending CAPTA with the following special rule: labor trafficking, involuntary servitude, or trafficking of minors, is included in the definition of child abuse.7 A child shall be considered a victim of "child abuse and neglect" and of "sexual abuse" if the child is Neglect identified, by a State or local agency employee of the State or locality involved, as being a victim of sex Neglect is frequently defined as the failure of a parent trafficking (as defined in § 103(10) of the Trafficking or other person with responsibility for the child to Victims Protection Act of 2000 (22 U.S.C. 7102)) or provide needed food, clothing, shelter, medical care, or a victim of severe forms of trafficking in persons supervision to the degree that the child's health, safety, described in § 103(9)(A).4 and well-being are threatened with harm.8 Approximately 25 States, the District of Columbia, American Samoa, Defining Child Abuse or Neglect in Puerto Rico, and the Virgin Islands include failure to State Law educate the child as required by law in their definition of State civil laws define the conduct, acts, and omissions that constitute child abuse or neglect that must be reported 5 Massachusetts provides many of its definitions of child abuse and neglect in regulation. to child protective agencies. For this publication, statutes 6 The word "approximately" is used to stress the fact that the States defining child abuse were collected from all 50 States, frequently amend their laws. This information is current through March 2019. The States that include "risk of harm" or "threatened harm" in their the District of Columbia, American Samoa, Guam, the definition of abuse include Alabama, Alaska, Arkansas, California, Colorado, Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Islands. An analysis of the information collected indicates Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South that nearly all States, the District of Columbia, American Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and Wyoming. 7 Arkansas, Connecticut, Delaware, Hawaii, Illinois, Indiana, Louisiana, and the Virgin Islands provide civil definitions of child abuse Mississippi, New Hampshire, North Carolina, North Dakota, Pennsylvania, South Carolina, Utah, and West Virginia. 8 For a further discussion about what constitutes child neglect, see Child 3 42 U.S.C.A. § 5106g(a)(4) (2019). Welfare Information Gateway's Acts of Omission: An Overview of Child 4 42 U.S.C. § 5106g(b) (2015) Neglect at https://www.childwelfare.gov/pubs/focus/acts/. This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway. This publication is available online at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/define/. 2 Definitions of Child Abuse and Neglect https://www.childwelfare.gov neglect.9 Ten States specifically define medical neglect as "injury to the psychological capacity or emotional stability failing to provide any special medical treatment or mental of the child as evidenced by an observable or substantial health care needed by the child.10 In addition, five States change in behavior, emotional response, or cognition" define medical neglect as the withholding of medical and injury as evidenced by "anxiety, depression, treatment or nutrition from disabled children with life- withdrawal, or aggressive behavior." threatening conditions.11 Parental Substance Use Sexual Abuse/Exploitation Parental substance use is an element of the definition of All States include sexual abuse in their definitions of child abuse or neglect in some States.15 Circumstances child abuse. Some States refer in general terms to sexual that are considered abuse or neglect in some States abuse, while others specify various acts as sexual abuse. include the following: Sexual exploitation is an element of the definition of Prenatal exposure of a child to harm due to the sexual abuse in most jurisdictions. Sexual exploitation mother's use of an illegal drug or other substance (14 includes allowing the child to engage in prostitution or States and the District of Columbia)16 in the production of child pornography. In 33 States, the definition of sexual abuse includes human trafficking, Manufacture of a controlled substance in the presence including sex trafficking or trafficking of children for of a child or on the premises occupied by a child (12 17 sexual purposes.12 States) Allowing a child to be present where the chemicals Emotional Abuse or equipment for the manufacture of controlled substances are used or stored (3 States)18 Almost all States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, Selling, distributing, or giving drugs or alcohol to a 19 and the Virgin Islands include emotional maltreatment child (7 States and Guam) as part of their definitions of abuse or neglect.13 Use of a controlled substance by a caregiver that Approximately 33 States, the District of Columbia, Guam, impairs the caregiver's ability to adequately care for the Northern Mariana Islands, and Puerto Rico provide the child (8 States)20 specific definitions of emotional abuse or mental injury to a child.14 Typical language used in these definitions is 9 The States that define "failure to educate" as neglect include Arkansas, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Colorado, Connecticut, Delaware, Idaho, Indiana, Kentucky, Maine, Minnesota, Utah, Vermont, Wisconsin, and Wyoming. Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New 15 For summaries of statutes and a more complete discussion of this issue, Mexico, New York, North Dakota, Ohio, Oklahoma, South Carolina, South see Information Gateway's Parental Drug Use as Child Abuse at https://www. Dakota, Utah, West Virginia, and Wyoming. childwelfare.gov/topics/systemwide/laws-policies/statutes/drugexposed/. 10 Arkansas, Connecticut, Florida, Mississippi, North Dakota, Ohio, 16 Arizona, Arkansas, Colorado, Illinois, Indiana, Iowa, Louisiana, Oklahoma, Tennessee, Texas, and West Virginia. Massachusetts, Minnesota, North Dakota, Oklahoma, Oregon, South Dakota, 11 Illinois, Indiana, Kansas, Minnesota, and Montana. and Wisconsin. 12 Commercial sexual exploitation, including the production of child
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