Child Abuse and Neglect Guidelines, 2-09

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Child Abuse and Neglect Guidelines

The following guidelines have been prepared to assist Family Promise – Salt Lake (FPSL) staff,volunteers, and guests to recognize child abuse or neglect as is it defined by the State of Utah and other agencies. (Last updated, February 2009)

1.Suggestions to Staff and Volunteers

a.It is important for volunteers to take into account a wide variety of variables when dealing withour guests. Some of the issues which need to be considered are: definitions and examples above,cultural and economic differences, and situational issues. While a particular event may beunacceptable to volunteers or FPSL staff, all questions regarding abuse or neglect must be basedon the facts of the law and guidelines and not on individual opinion regarding the effectivenessor correctness of the type of discipline involved. However, it must be remembered that our guestsare frequently under a great deal of stress, are dealing with the consequences of life changingsituations (i.e. loss of housing, no employment, etc), typically do not possess effective parentingskills, and have a plethora of dysfunctional behaviors which impact their ability to cope with lifeduring the best of times. b.In the event of a serious situation, please refer parent to the Child Abuse Prevention Helpline at

1-800-4-A-Child2.Summary of Utah State Law, United States Code, and definitions

Physical Abuse

(Utah Code Section 62A-4a-402)i.Child abuse or neglect means causing harm or threatened harm to a child’s health or welfareii.Harm or threatened harm means damage or threatened damage to the physical or emotionalhealth and welfare of a child through neglect or abuse, and includes but is not limited tocausing nonaccidental physical or mental injury. b.

Neglect

(Utah Code Section 62A-4a-401)i.Harm or threatened harm means damage or threatened damage to the physical or emotionalhealth and welfare of a child through neglect or abuse and includes but is not limited torepeated negligent treatment or maltreatment.c.

Sexual Abuse

(Utah Code Section 62A-4a-402)i.Harm or threatened harm means damage or threatened damage to the physical or emotionalhealth and welfare of a child through neglect or abuse and includes but is not limited toincest, sexual abuse, sexual exploitation or molestation.ii.Sexual abuse means acts or attempted acts of sexual intercourse, sodomy or molestationdirected towards a child.iii.Sexual exploitation of minors means knowingly employing, using, persuading, inducing,enticing, or coercing any minor to pose in the nude…

d.Emotional Abuse

i.Harm or threatened harm means damage or threatened damage to the emotional health andwelfare of a child through neglect or abuse.

3.What is Child Abuse and Neglect (The Federal Child Abuse Prevention and Treatment Act

(42U.S.C.A section 5106g)1

Salt Lake

Neglect

—failure to provide for a child’s basic needs.i.Physical (failure to provide necessary food or shelter or lack of appropriate supervision)ii.Medical (failure to provide necessary medical or mental health treatment)iii.Educational (failure to educate a child or attend to special educational needs)iv.Emotional (inattention to a child’s emotional needs, failure to provide psychological care, or permitting the child to use alcohol or other drugs)v.IMPORTANT—These situations do not always mean a child is neglected. Sometimescultural values, the standards of care in the community, and poverty may be contributingfactors, indicating the family is in need of information or assistance. b.

Physical Abuse

is physical injury (ranging from minor bruises to severe fractures or death) as aresult of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with ahand, stick, strap or other object), burning, or otherwise harming a child. Such injury isconsidered abuse regardless of whether the caretaker intended to hurt the child.c.

Sexual Abuse

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

Emotional Abuse

is a pattern of behavior that impairs a child’s emotional development or senseof self-worth. This may include constant criticism, threats, or rejection, as well as withholdinglove, support or guidance. Emotional abuse is often difficult to prove and, therefore, CPS(DCFS) may not be able to intervene without evidence of harm to the child. Emotional abuse isalmost always present when other forms are identified.e.Verbal abuse means the use of words, sounds, or other communication including, but not limitedto, gestures, actions or behaviors, by a caretaker or other person providing services to avulnerable adult that are likely to cause a reasonable person to experience humiliation,intimidation, fear, shame or degradation

(http://www.policy.okdhs.org/ch2/340_2/340-2-3/CHP_2340232_Definitions.htm)

4.Child Abuse Definitions

(Utah Code Section 76-5-109)

a.Physical Injury

i.Bruise or other contusion of the skinii.A minor laceration or abrasioniii.Failure to thriveiv.Any other condition which imperils the child’s health or welfare and which is not a serious physical injury (see below) b.

Serious Physical Injury

—any physical injury or set of injuries which,i.Seriously impairs the child’s healthii.Involves physical tortureiii.Causes serious emotional harm to the childiv.Involved a substantial risk of death to the childv.Serious Physical Injury includes1.fracture of any bone or bones2.intracranial bleeding, swelling or contusion of the brain, whether caused by blows,shaking for causing the child’s head to impact with an object or surface3.any burn4.any injury caused by use of a dangerous weapon5.any combination or 2 or more physical injuries inflicted by the same person, either at thesame time or on different occasions.2

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