Petition updateJUSTICE FOR KATELYN NICOLE DAVISsexual abuse drug abuse child abuse Laws in all 50 states

lisa AvilezLos Angeles, CA, United States
Apr 6, 2017
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 of child abuse or neglect in some States.14
14 For summaries of statutes and a more complete discussion of this issue, see Information Gateway’s Parental Drug Use as Child Abuse at https://www. childwelfare.gov/topics/systemwide/laws-policies/statutes/drugexposed/.
Circumstances that are considered abuse or neglect in some States include:
Prenatal exposure of a child to harm due to the mother’s use of an illegal drug or other substance (14 States and the District of Columbia)15
15 Arizona, Arkansas, Colorado, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Minnesota, North Dakota, Oklahoma, Oregon, South Dakota, and Wisconsin.
Manufacture of a controlled substance in the presence of a child or on the premises occupied by a child (12 States)16
16 Colorado, Indiana, Iowa, Montana, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Virginia, and Washington.
Allowing a child to be present where the chemicals or equipment for the manufacture of controlled substances are used or stored (three States)17
17 Arizona, Arkansas, and Washington.
Selling, distributing, or giving drugs or alcohol to a child (seven States and Guam)18
18 Arkansas, Florida, Hawaii, Illinois, Minnesota, Ohio, and Texas.
Use of a controlled substance by a caregiver that impairs the caregiver’s ability to adequately care for the child (eight States)19
19 California, Delaware, Kentucky, Minnesota, New York, Oklahoma, Rhode Island, and Texas.
Abandonment
Approximately 17 States and the District of Columbia include abandonment in their definitions of abuse or neglect, generally as a type of neglect.20
20 California, Colorado, Connecticut, Illinois, Kentucky, Louisiana, Minnesota, Nevada, New Jersey, North Carolina, Rhode Island, South Dakota, Utah, Vermont, Virginia, West Virginia, and Wyoming.
Approximately 19 States, Guam, Puerto Rico, and the Virgin Islands provide definitions for abandonment that are separate from the definition of neglect.21
21 Arizona, Arkansas, Florida, Idaho, Indiana, Kansas, Maine, Massachusetts, Montana
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