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	Definitions of Child Abuse and Neglect State Statutes Series 2003 Author(s):  National Clearinghouse on Child Abuse and Neglect Information Year Published:  2003 Rate this Publication     Average Rating: 4.25 (out of 5), 4 Raters Printable Verison PDF (25 pgs, 672 KB) Current through January 2003 Child abuse and neglect are defined by both Federal and State legislation. The Child Abuse Prevention and Treatment Act (CAPTA) is the Federal legislation that provides minimum guidelines that States must incorporate in their statutory definitions of child abuse and neglect. Based on CAPTA guidelines, each State and U.S. Territory provides its own definitions of child abuse and neglect. As applied to reporting statutes, these definitions describe the acts and conditions that determine the grounds for State intervention in the protection of a child's well-being. Standards The standard for what constitutes abuse varies among States. Many States define abuse in terms of "harm or threatened harm" to a child's health or welfare. A few States define abuse in terms of "serious harm or threat of serious harm." Exemptions Most statutes also specify exceptions. The most common exception is a religious exemption for parents who choose not to seek medical care for their children due to religious beliefs. Other exceptions include corporal punishment, cultural practices, and poverty. Categories States generally provide separate definitions for physical abuse, neglect, sexual abuse, sexual exploitation, and emotional maltreatment. Many States and Territories now include abandonment in their definition of neglect. Some definitions are detailed, while others are broad. States with broader definitions provide child protective services (CPS) with greater discretion in determining what constitutes abuse. To see how your State addresses this issue, visit the State Statutes Search. The Statutes-at-a-Glance listings summarize specific sections of each State's code. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as in agency regulations, case law, and informal practices and procedures. Readers interested in interpretation of specific statutory provisions within an individual jurisdiction should consult with professionals within the State familiar with the statutes' implementation

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A Service of the Children's Bureau, Administration for Children and Families,
U.S. Department of Health and Human Services

For more information, contact:
National Clearinghouse on Child Abuse and Neglect Information
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Updated on July 23, 2004 by webmaster_nccanch@caliber.com.