
lisa AvilezLos Angeles, CA, United States
Apr 6, 2017
hysical abuse is generally defined as “any nonaccidental physical injury to the child” and can include striking, kicking, burning, or biting the child, or any action that results in a physical impairment of the child. In approximately 38 States and American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, the definition of abuse also includes acts or circumstances that threaten the child with harm or create a substantial risk of harm to the child’s health or welfare.6
6 The word “approximately” is used to stress the fact that the States frequently amend their laws. This information is current through April 2016. The States are Alabama, Alaska, Arkansas, California, Colorado, Florida, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
In seven States, the crime of human trafficking, including labor trafficking, involuntary servitude, or trafficking of minors, is included in the definition of child abuse.7
7 Hawaii, Illinois, Indiana, Louisiana, Mississippi, North Carolina, and Utah.
Neglect
Neglect is frequently defined as the failure of a parent or other person with responsibility for the child to provide needed food, clothing, shelter, medical care, or supervision to the degree that the child’s health, safety, and well-being are threatened with harm. Approximately 25 States, the District of Columbia, American Samoa, Puerto Rico, and the Virgin Islands include failure to educate the child as required by law in their definition of neglect.8
8 Colorado, Connecticut, Delaware, Idaho, Indiana, Kentucky, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Pennsylvania, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. The States that define “failure to educate” as neglect include Arkansas,
Ten States and American Samoa specifically define medical neglect as failing to provide any special medical treatment or mental health care needed by the child.9
9 Arkansas, Florida, Mississippi, Iowa, North Dakota, Ohio, Oklahoma, Tennessee, Texas, and West Virginia.
In addition, four States define medical neglect as the withholding of medical treatment or nutrition from disabled infants with life-threatening conditions.10
10 Indiana, Kansas, Minnesota, and Montana.
https://www.childwelfare.govDefinitions of Child Abuse and Neglect
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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/.
Sexual Abuse/Exploitation
All States include sexual abuse in their definitions of child abuse. Some States refer in general terms to sexual abuse, while others specify various acts as sexual abuse. Sexual exploitation is an element of the definition of sexual abuse in most jurisdictions. Sexual exploitation includes allowing the child to engage in prostitution or in the production of child pornography. In 21 States, the definition of sexual abuse includes human trafficking, including sex trafficking or trafficking of children for sexual purposes.11
11 Commercial sexual exploitation, including the production of child pornography, can be regarded as types of sex trafficking. The States that specifically include the term “sex trafficking” in their civil definitions of child abuse include Alaska, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, North Carolina, North Dakota, Oklahoma, Texas, and Vermont.
Emotional Abuse
Almost all States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands include emotional maltreatment as part of their definitions of abuse or neglect.12
12 All States except Georgia and Washington.
Approximately 33 States, the District of Columbia, Guam, the Northern Mariana Islands, and Puerto Rico provide specific definitions of emotional abuse or mental injury to a child.13
13 Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Hawaii, Idaho, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Montana, Nevada, New Hampshire, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Wisconsin, and Wyoming.
Typical language used in these definitions is “injury to the psychological capacity or emotional stability of the child as evidenced by an observable or substantial change in behavior, emotional response, or cognition” and injury as evidenced by “anxiety, depression, withdrawal, or aggressive behavior.”
Parental Substance Abuse
Parental substance abuse is an element of the definition
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