FACTSHEET April 2019 What Is Child Abuse and WHAT’S INSIDE Neglect? Recognizing the How is child abuse and neglect defined Signs and Symptoms in Federal law? What are the major The first step in helping children who have been types of child abuse abused or neglected is learning to recognize the and neglect? signs of maltreatment. The presence of a single sign does not necessarily mean that child maltreatment Recognizing signs of abuse and neglect is occurring in a family, but a closer look at the and when to report situation may be warranted when these signs appear repeatedly or in combination. This factsheet is Resources intended to help you better understand the Federal definition of child abuse and neglect; learn about the different types of abuse and neglect, including human trafficking; and recognize their signs and symptoms. It also includes additional resources with information on how to effectively identify and report maltreatment and refer children who have been maltreated. Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov What Is Child Abuse and Neglect? Recognizing the Signs and Symptoms https://www.childwelfare.gov How Is Child Abuse and Neglect To view civil definitions that determine the grounds Defined in Federal Law? for intervention by State child protective agencies, visit Information Gateway’s Definitions of Child Abuse Federal legislation lays the groundwork for State laws and Neglect at https://www.childwelfare.gov/topics/ on child maltreatment by identifying a minimum set of systemwide/laws-policies/statutes/define/. actions or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), as amended and reauthorized by the CAPTA Child Maltreatment reports. These annual Reauthorization Act of 2010, defines child abuse and reports summarize annual child maltreatment neglect as, at a minimum, “any recent act or failure to and neglect statistics submitted by States to the act on the part of a parent or caretaker which results in National Child Abuse and Neglect Data System. death, serious physical or emotional harm, sexual abuse or They include information about victims, fatalities, exploitation (including sexual abuse as determined under perpetrators, services, and additional research. section 111), or an act or failure to act which presents an The reports are available at http://www.acf.hhs. imminent risk of serious harm” (42 U.S.C. 5101 note, § 3). gov/programs/cb/research-data-technology/ statistics-research/child-maltreatment. Additionally, it stipulates that “a child shall be considered a victim of ‘child abuse and neglect’ and of ‘sexual abuse’ if Child Welfare Outcomes Report Data. This the child is identified, by a State or local agency employee website provides information on the performance of the State or locality involved, as being a victim of sex of States in seven outcome categories related trafficking1 (as defined in paragraph (10) of section 7102 of to the safety, permanency, and well-being of title 22) or a victim of severe forms of trafficking in persons children involved in the child welfare system. described in paragraph (9)(A) of that section” (42 U.S.C. § Data, which are made available on the website 5106g(b)(2)). prior to the release of the annual report, include the number of child victims of maltreatment. To Most Federal and State child protection laws primarily view the website, visit https://cwoutcomes.acf.hhs. refer to cases of harm to a child caused by parents or other gov/cwodatasite/. caregivers; they generally do not include harm caused by other people, such as acquaintances or strangers. Some State laws also include a child’s witnessing of domestic violence as a form of abuse or neglect. What Are the Major Types of Child Abuse and Neglect? For State-specific laws pertaining to child abuse and Within the minimum standards set by CAPTA, each State neglect, see Child Welfare Information Gateway’s State is responsible for providing its own definitions of child Statutes Search page at https://www.childwelfare.gov/ abuse and neglect. Most States recognize four major topics/systemwide/laws-policies/state/. types of maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse. Additionally, many States 1 According to the Victims of Trafficking and Violence Protection Act of 2000, sex trafficking is categorized as a “severe form of trafficking in persons” and is identify abandonment, parental substance use, and defined as a “situation in which a commercial sex act is induced by force, fraud, human trafficking as abuse or neglect. While some of or coercion, or in which the person induced to perform such act has not attained 18 years of age.” As of May 2017, States are required to have provisions and these types of maltreatment may be found separately, procedures in place as part of their CAPTA State Plans that require “identification they can occur in combination. This section provides brief and assessment of all reports involving children known or suspected to be victims of sex trafficking and…training child protective services workers about definitions for each of these types. identifying, assessing, and providing comprehensive services for children who are sex trafficking victims, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters…” 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/pubs/factsheets/whatiscan/. 2 What Is Child Abuse and Neglect? Recognizing the Signs and Symptoms https://www.childwelfare.gov Physical abuse is a nonaccidental physical injury to a to the definition of neglect for parents who choose not child caused by a parent, caregiver, or other person to seek medical care for their children due to religious responsible for a child and can include punching, beating, beliefs.4 kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, Sexual abuse includes activities by a parent or other or otherwise causing physical harm.2 Physical discipline, caregiver such as fondling a child’s genitals, penetration, such as spanking or paddling, is not considered abuse as incest, rape, sodomy, indecent exposure, and exploitation long as it is reasonable and causes no bodily injury to the through prostitution or the production of pornographic child. Injuries from physical abuse could range from minor materials. Sexual abuse is defined by CAPTA as “the bruises to severe fractures or death. employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other Neglect is the failure of a parent or other caregiver to person to engage in, any sexually explicit conduct or provide for a child’s basic needs. Neglect generally simulation of such conduct for the purpose of producing includes the following categories: a visual depiction of such conduct; or the rape, and in cases of caretaker or interfamilial relationships, statutory Physical (e.g., failure to provide necessary food or rape, molestation, prostitution, or other form of sexual shelter, lack of appropriate supervision) exploitation of children, or incest with children”(42 U.S.C. Medical (e.g., failure to provide necessary medical § 5106g(a)(4)). or mental health treatment, withholding medically indicated treatment from children with life-threatening Emotional abuse (or psychological abuse) is a pattern of 3 conditions) behavior that impairs a child’s emotional development or Educational (e.g., failure to educate a child or attend to sense of self-worth. This may include constant criticism, special education needs) threats, or rejection as well as withholding love, support, Emotional (e.g., inattention to a child’s emotional or guidance. Emotional abuse is often difficult to prove, needs, failure to provide psychological care, permitting and, therefore, child protective services may not be able a child to use alcohol or other drugs) to intervene without evidence of harm or mental injury to the child (Prevent Child Abuse America, 2016). Sometimes cultural values, the standards of care in the community, and poverty may contribute to what is Abandonment is considered in many States as a form perceived as maltreatment, indicating the family may of neglect. In general, a child is considered to be need information or assistance. It is important to note that abandoned when the parent’s identity or whereabouts are living in poverty is not considered child abuse or neglect. unknown, the child has been left alone in circumstances However, a family’s failure to use available information and where the child suffers serious harm, the child has been resources to care for their child may put the child’s health deserted with no regard for his or her health or safety, or or safety at risk, and child welfare intervention could be the parent has failed to maintain contact with the child or required. In addition, many States provide an exception provide reasonable support for a specified period of time. Some States have enacted laws—often called safe haven 2 Nonaccidental injury that is inflicted by someone other than a parent, guardian, relative, or other caregiver (i.e., a stranger) is considered a criminal laws—that provide safe places for parents to relinquish act that is not addressed