what are the legal categories considered by the course for abuse and neglect?

by Kaylee Ledner 7 min read

Within the minimum standards set by CAPTA, each State is responsible for providing its own definitions of child abuse and neglect. 1Most States recognize four major types of maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse.

Full Answer

What are the types of child abuse and neglect?

Physical Abuse and Neglect: The child is either physically abused or tangible goods, that are meant to better the child’s life, are made unavailable. Emotional and Psychological child abuse and neglect: The child is constantly belittled and called names to the point where his or her self-image becomes horribly distorted.

What is the difference between abuse and neglect?

One way to think about abuse and neglect laws is that with abuse, the parent is actually taking action that harms the child, such as striking them, or subjecting them to harsh punishment. With neglect violations, the parent is failing to fulfill one or more of their duties to the child as a parent.

Who is responsible for the definition of child abuse and neglect?

However, within the minimum standards set by CAPTA, each state is responsible for providing its own definitions of child abuse and neglect. Child Welfare Information Gateway, a service of the Children's Bureau, Administration for Children and Families, provides links to each state's definitions of child abuse and neglect

What constitutes medical neglect?

Ten States specifically define medical neglect as failing to provide any special medical treatment or mental health care needed by the child. 10 In addition, five States define medical neglect as the withholding of medical treatment or nutrition from disabled children with life- threatening conditions. 11

What is the federal law on child abuse and neglect?

How to search for child abuse and neglect?

About this website

What are the abuse categories?

6 Different Types of AbusePhysical. This is the type of abuse that many people think of when they hear the word 'abuse. ... Sexual. ... Verbal/Emotional. ... Mental/Psychological. ... Financial/Economic. ... Cultural/Identity.

What are the five Recognised main categories of abuse?

The 5 most recognised forms of abuse are defined in the UK Government guidance Working Together to Safeguard Children (2016) as follows:• Physical. This harm is not accidental. ... • Emotional. This is sometimes called psychological abuse. ... • Neglect. ... • Sexual. ... • Bullying. ... Want more?

What are the 10 main categories of abuse?

The Care and support statutory guidance identifies ten types of abuse, these are:Physical abuse.Domestic violence or abuse.Sexual abuse.Psychological or emotional abuse.Financial or material abuse.Modern slavery.Discriminatory abuse.Organisational or institutional abuse.More items...

What are the 4 categories of child maltreatment?

Responding to Types of Child Abuse or NeglectChild neglect.Physical abuse.Sexual abuse.Emotional abuse.

How many categories of abuse are there in safeguarding?

The 10 Categories of Abuse and How to Handle ThemSafeguarding against Physical Abuse. ... Safeguarding against Psychological Abuse. ... Safeguarding against Sexual Abuse. ... Safeguarding against Neglect. ... Safeguarding against Self-Neglect. ... Safeguarding against Financial or Material Abuse. ... Safeguarding against Discriminatory Abuse.More items...•

What is the most common category of harm and abuse?

Here are the ten most common forms of abuse in safeguarding and how to deal with them.Physical Abuse. By far the most visible form of abuse is physical abuse. ... Psychological Abuse. ... Sexual abuse. ... Neglect. ... Self-Neglect. ... Financial or Material Abuse. ... Discriminatory abuse. ... Organisational Abuse.More items...•

What are the 7 different types of abuse?

Types of abuse include; physical, sexual, psychological, verbal, emotional and mental, financial and spiritual.

What is the neglect abuse?

What is neglect? Neglect is the ongoing failure to meet a child's basic needs and the most common form of child abuse2. A child might be left hungry or dirty, or without proper clothing, shelter, supervision or health care.

What are the 7 abuses?

The National Center on Elder Abuse distinguishes between seven different types of elder abuse. These include physical abuse, sexual abuse, emotional abuse, financial/material exploitation, neglect, abandonment, and self-neglect.

Which of these groups is at a higher risk for abuse and neglect?

Younger children are more likely to be neglected, while the risk for sexual abuse increases with age (Mraovick & Wilson, 1999). Female children and adolescents are significantly more likely than males to suffer sexual abuse. Important characteristics of the family are linked with child maltreatment.

State Laws on Child Abuse and Neglect

Provides web addresses for State statutes that are accessible online and lists the parts of the code for each State and territory that contains the laws addressing child protection, adoption, child welfare, legal guardianship, services for youth, and Indian child welfare.

Definitions of Child Abuse and Neglect

Childlrledn’ei’s lBu’a/Anh’Ydu’FhHBhSr 17715450 2. CAPTA defines sexual abuse as follows: The employment, use, persuasion, inducement, enticement, or coercion of any child to engage in,

The Child Abuse Prevention and Treatment Act

DISCLAIMER: Please consult the U.S. Code for official or legal citations. This document was prepared by Children's Bureau staff and may not be cited as an authoritative source.

Are Child Abuse and Neglect Laws the Same in Each State?

Child abuse and neglect laws may be slightly different from state to state . What is different is the amount of government or agency intervention that each jurisdiction enforces. For example, one state may intervene in an abuse incident at an earlier stage, and may transfer custody of the child to a third party at an earlier stage.

What Are the Penalties for Child Abuse and Neglect?

Penalties for child abuse and neglect can sometimes involve criminal charges, such as misdemeanor charges. These can result in consequences like criminal fines and/or jail time. In very serious cases, the court may find the parent guilty of felony charges, which will result in more serious criminal consequences.

Do I Need a Lawyer for Assistance with Child Abuse and Neglect Laws?

Child abuse and neglect laws can sometimes be very complicated. They are generally enforced very strictly, since the safety and well-being of the child is often at stake. If you need assistance with any child abuse or neglect issues, you should speak with a family lawyer immediately.

What is serious physical neglect?

Serious physical neglect is any of the following when committed by a perpetrator that endangers a child’s life or health, threatens a child’s well-being, causes bodily injury or impairs a child’s health, development or functioning:

What is child abuse?

Child Abuse. Child abuse is intentionally, knowingly or recklessly doing any of the following: *Bodily injury: an injury that impairs a child’s physical condition or causes substantial pain (Penn State Hershey Center for the Protection of Children). Causing bodily injury* to a child through any recent act or failure to act.

What is actual sexual activity?

Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming.

What is sexual abuse?

Sexual abuse or exploitation is any of the following: This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child’s age.

What is the definition of a child being restraining?

Unreasonably restraining or confining a child, based on consideration of the method, location or the duration of the restraint or confinement. Forcefully shaking a child under one year of age. Forcefully slapping or otherwise striking a child under one year of age. Interfering with the breathing of a child.

What is the definition of child abuse?

Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. Causing serious physical neglect of a child. Kicking, biting, throwing, burning, stabbing or cutting a child in a manner that endangers the child.

What is the definition of mental injury?

Causing or substantially contributing to serious mental injury to a child through any act or failure to act or a series of such acts or failures to act. Causing sexual abuse or exploitation of a child through any act or failure to act.

What are the different types of child abuse?

Types of Child Abuse and Neglect: Physical Abuse and Neglect: The child is either physically abused or tangible goods, that are meant to better the child’s life, are made unavailable. Emotional and Psychological child abuse and neglect: The child is constantly belittled and called names to the point where his or her self-image becomes horribly ...

What is child neglect?

Child neglect is a form of child abuse that occurs when the youth is impeded from receiving adequate care that is delivered as a basic human right to aid in the child’s development and growth.

What is the illegal act of child abuse?

The illegal act of child abuse and neglect is formally defined as the general mishandling–through unlawful wrongdoing, neglect, or unethical activity–of a minor or child.

Is it your responsibility to report child abuse?

It is your responsibility, as a citizen of the United States, to report such instances; revealing acts of child abuse and neglect could save a life from peril and dismay.

What is the federal law on child abuse and neglect?

Federal legislation provides a foundation for states by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended by P.L. 111-320, the CAPTA Reauthorization Act of 2010 defines child abuse and neglect as, at minimum:

How to search for child abuse and neglect?

Follow the three easy steps to retrieve your results: 1) Select a State, 2) Select a Topic (check the box next to “Definitions of Child Abuse and Neglect” under the heading Child Abuse and Neglect), and 3) Click the “Go!” button to begin your search.

What is considered child abuse?

This includes exposure to alcohol or other drugs in the womb. Driving under the influence of drugs or alcohol with your child in the car. Driving under the influence while your child is in the car is considered child abuse in most states.

What are the signs of abuse or neglect?

Any of these individuals may make a report based on statements made by you or your child, visible evidence of physical injury or malnutrition, or symptoms that indicate abuse or neglect (such as inappropriate sexual knowledge, sudden regression in development, or unusual fears without explanation).

What are the laws for child abuse?

Laws vary widely from state to state, but in general, the following types of behavior are considered child abuse or neglect: 1 Striking your child with an object, a fist, or another part of your body with the intention of harm (with the exception of “reasonable parental discipline;” see below). 2 Making believable threats to kill or severely harm your child. 3 Using excessive physical restraint or extended periods of isolation as a means of controlling your child’s behavior. 4 Leaving your child unsupervised (when they are below an age specified by your state), or with a person incapable of appropriately supervising your child, even if your child is asleep. 5 Allowing your child to witness or participate in illegal (including underage) drug or alcohol abuse. This includes exposure to alcohol or other drugs in the womb. 6 Driving under the influence of drugs or alcohol with your child in the car.

What does it mean to be unwilling to allow your child to attend school?

Being unwilling to allow your child to obtain appropriate educational instruction (such as intentionally preventing your child from attending school, failing to seek assistance if your child refuses to attend school, or failing to educate your child after stating that he or she will be homeschooled).

What does it mean to be unwilling to seek out medical care?

Being unwilling to seek out or provide your child with medical treatment that is essential to his or her ability to function, recover from an illness or injury , or continue living (except when religious beliefs prohibit a medical treatment).

Why do parents delay seeking mental health counseling?

One of the most common reasons that parents delay seeking mental health counseling for their children is the fear that at some point in the course of treatment, their children will be removed from their homes without warning by a protective services agency.

What is considered statutory rape?

Engaging your child in sexual contact or activity of any kind. Any sexual contact between a child below the age of consent (which varies by state) and an adult, significantly older child, or another child below the age of consent is considered statutory rape, and must also be reported. Exposing your child to, or involving your child in ...

What is the type of neglect that involves allowing a child to use drugs?

Emotional and Psychological Neglect: This type of child neglect includes all actions, which engage in chronic or extreme spousal abuse in the youth’s presence, such as allowing a child to use drugs or alcohol, refusing to provide psychological care, withholding affection, or constantly belittling the child. Medical Neglect: This form of neglect is ...

What are the different types of child neglect?

Types of Child Neglect: Professionals within the field of child care define child neglect through four basic categories: Physical Neglect: This type of child neglect accounts for the majority of maltreatment cases; physical neglect is a form of abuse where the parent or caregiver does not provide the child with basic necessities, ...

What is child neglect?

Child neglect takes place when the youth is impeded from receiving adequate care that is delivered as a basic human right to aid in the child’s development and growth. Any neglectful actions that impede a child’s well-being and prevents them from living a happy and healthy life is regarded as child neglect.

What percentage of children are victims of child abuse?

According to the National Child Abuse and Neglect Data System, of the approximately 900,00 children in the United States who were victims of child abuse and neglect, 63 percent suffered from solely neglect—medical neglect is included ...

How many states require child neglect?

Each professional within these agencies is required by law to report reasonable suspicion of child neglect; furthermore, 20 states require citizens who suspect instances of child neglect to report it to the respective agencies.

Where to report child neglect?

If you suspect an instance of child neglect, you must report the individual to the local child protective services agency in your particular jurisdiction or state. These agencies are comprised of professionals who will necessitate treatment and action towards the aggressive party.

What is sexual abuse?

Sexual abuse includes activities by a parent or caregiver such as fondling a child’s genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials. Sexual abuse.

What is emotional abuse?

Emotional abuse (or psychological abuse) is a pattern of behavior that impairs a child’s emotional development or sense of self- worth. This may include constant criticism, threats, or rejection, as well as withholding love, support, or guidance.

What are the factors that contribute to the need for information or assistance?

Sometimes cultural values, the standards of care in the community, and poverty may be contributing factors, indicating the family is in need of information or assistance. When a family fails to use information and resources, and the child’s health or safety is at risk, then child welfare intervention may be required.

How many children were victims of child abuse in 2006?

The statistics can feel overwhelming. In 2006, an estimated 905,000 children in the United States were found to be victims of child abuse and neglect. However, child abuse and neglect can be prevented. State and local governments, community organizations, and private citizens take action every day to protect children.

What is child protection law?

Most Federal and State child protection laws primarily refer to cases of harm to a child caused by parents or other caregivers; they generally do not include harm caused by other people, such as acquaintances or strangers.

Is nonaccidental injury a criminal act?

Nonaccident al injury that is infl icted by someone other than a parent, guardian, relative, or other caregiver (i.e., a stranger), is considered a criminal act that is not addressed by child protective services. This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare .

Does child welfare intervene in child maltreatment?

Child maltreatment also can include harm that a caregiver allows to happen or does not prevent from happening to a child. In general, child welfare agencies do not intervene in cases of harm to children caused by acquaintances or strangers. These cases are the responsibility of law enforcement. 2 .

What is the federal law on child abuse and neglect?

Federal legislation provides a foundation for states by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A. §5106g), as amended by P.L. 111-320, the CAPTA Reauthorization Act of 2010 defines child abuse and neglect as, at minimum:

How to search for child abuse and neglect?

Follow the three easy steps to retrieve your results: 1) Select a State, 2) Select a Topic (check the box next to “Definitions of Child Abuse and Neglect” under the heading Child Abuse and Neglect), and 3) Click the “Go!” button to begin your search.

image