What is Child Maltreatment? (revised 2/02) Child abuse and neglect are defined in both Federal and State leglsation. Federal legislation provides a foundation for States by identifying a minimum set of aots or behaviors that deine physical abuse, neglect, and sexual abuse. How is Child Maltreatment Defined by Law? ‘The Federal Child Abuse Prevention and Treatment Act (GAPTA), es amended, provides the following definitions. Chilis a person who has not attained the lesser of: * The age of 18; or * Except in cases of sexual abuse, the age specified by the child protection law of the Stale in which the child resides. Child abuse and neglectis, at a minimum; ‘Any recent act or fallure to act on the part of a parent or caretaker which results in death, ‘serious physical or emotional harm, sexual abuse or explotation; or * Anact or failure to act which presents an imminent risk of serious harm. Sexual abuse is: * The employment, use, persuasion, inducement, enticement, of coercion of any child to engage In, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such ‘condust; or * The rape, and in cases of caretaker or inter-familial relationships, statutory rape, ‘molesiation, prostituion, or other form of sexual exploitation of children, or incest with children, CAPTA dofines withholding of medically indicated treatment as the fallure to respond to the Infants life throatoning conditions by providing treatment (Including appropriate nutrition, hydration, and medication) that in the treating physician's or physicians’ reasonable medical judgment, wil be most likely to be effective in ameliorating or correcting all such conditions. But, the term withholding of medically indicated treatment does not include the failure to provide treatment (other than appropriate nutrition, hydration, and medication) to an infant when, in the treating physician's or physicians! reasonable medical judgment: * The infant is chronically and irreversibly comatose ‘The provision of such treatment would = Merely prolong dying - Not be effective in ameliorating or corecting al ofthe infant's ife-hreatening conditions ~ Otherwise be full in terms ofthe survival of the infant; or ‘+ The provision of such treatment would be virally ful in terms ofthe survival ofthe infent and the treatment itself under such ckeumstances would be inhumane. 5Each State is responsible for providing its own definitions of child abuse and neglect within the civil and criminal codes. Civil siatutes, deserioo the circumstances and corniifons that obligate mandated reporters to report known or suspected cases of abuse, and they provice datntons necessary for juvenileamiy courts determination of child dependency. Criminal statutos specity the forms of meteaiment that ars orminally punishable, (The Stale Slalutes Elements frorn the National Clearinghouse on Child Abuse and Neglect information and the ‘American Prosocutore Research insivle summarize more than 40 clll and criminal State statutes in seven topic areas pertaining to child malreatment) What Are the Main Types of Maltreatment? ‘There are four major yes of maltreatment: physical abuse, neglect, sexual abuse, and emotional abuse. While State definitions may vary, operationel definitions include the following: Physical Abuse's characterized by the infliction of physica injury as a result of punching, beating, kiltng, biting, burning, shaking or otherwise harming a child. The parent or caretaker ‘may not have intended to hurt the child; rather, the injury may have resulted from over-discipline or physical punishment, Child Neglect is characterized by failure to provide for the child's basic needs. Neglect can be Physicel, educational, or emotional. Physical neglect includes refusal of, o delay in, seeking health care; abandonment; expulsion from the home or refusal to allow a runaway to retum home; ‘and inadequate supervision. Educatianal negiect includes tha allowance of chronic truancy, fallure to enroll a child of mandatory school age in school, and failure to attend to a special ‘educational need. Emotional negiect includes such actions as marked inattention to the child's ‘needs for affection; refusal of or failure to provide needed psychological care; spouse abuse in the chit presence; and permission of drug or aleohol use by the child, The assessment af child ‘neglect requires consideration of cultural values and standards of care as well as recognition that ‘he failure fo provide the necessities of life may be related to poverty. Sexual Abuse includes fondting a chilt's genial, ineroourse, incest, rape, sodomy, exhibitionism, and commercial explitation through prostiutlon or the production of pomagraphic materials. Many experts balleve thal sexual abuse isthe most under-reported form of child malreaiment because of the secrecy or *conspiracy of silenoa" thal so often characioizes these cases. Emotional Abuse (psychological/verbal abuse/mental injury) includes acts or omissions by the perents or other caregivers thet have caused, or could cause, sorious behavioral, cognitive, emotional, or mental disorders. in some cases of emotional abuse, the acts of parents or ather Caregivers along, without any harm evident in the chiic's behavior or condition, are sufficient to warrant child protective services (CPS) intervention. For example, the parentsieareqivers may Use extreme or bizarre forms of punishment, such as confinement of a child in a dark closet. Loss severe acls, such as habitual scapegoating, belitling, of ejecting traatment, are often dificult to prove and, therefore, CPS may not be able to Intervene without avidence of harm to the child, ‘Alhough any of the forms of child maltreatment may be found separately, they often occur in ‘combination, Emotional abuse is almost always present when other forms are Identiied. For more information, contact the Clearinghouse, 6HOW TO REPORT SUSPECTED CHILD ABUSE AND NEGLECT '¥ you suspect that a child is being abused or neglected, you should call your local Child Protective Services (CPS) ‘agency or the CPS agency in the State in which the abuse occurred. As you idenilfy the appropriate agency for ‘making a report, remember the following: + Notevery State has a toll ree hotline, or the hotine may not operate on @ 24 hour basis. * If atoll ree (800 or 888) number is availabio, tt may be accessible only from within that Slate. * Federal agencies have no authority to intervene in individual child abuse and neglect cases. Each State has jurisdiction over these matters, and has specific laws and procedures for reporling and investigating. In ‘some States, all citizens are mandated reporters by State lav’ and must report any suspicion of child abuse or neglect. We have listed below the toll free numbers for the States thet have them, Ifa number ‘report suspected abuse in a State other than your own, please call: not listed, or if you need to Childhelp® USA National Child Abuse Hotline 1-000-4-A-CHILDO (1-800-422-4453) ‘TDD: 1-800-2-A-CHILD Childhelp® USA is @ non-profit agency which can provide reporting numbers, and has Hotline counselors who can provide referrals. Alaska (AI) Maine (ME) New Mexico (NM) West Virginia (WV) (600) 47e-4448 (€00) 452-1009 (00) 787-3260 (800) 352-6513 Aizona (AZ) Maryland (MD) New York (NY) Wyoming (wy) (88) 805-CHILD (600) 332-6247 (00) 342.3720 (800) 487-3658 (980-767-2445) ‘Arkansas (AR) Mossachuseits (MA) North Dakota (ND) (200) 482-5954 (00) 782-5200 (800) 245-8736 Conneatcut (CT) Michigan (a) Oklahoma (OK) (600) 842-2288 (800) 942-4257 (G00) 522-3511 (600) 624-5518 (TDD/Hearing Impaired) Delaware (OE) Mississippi (Ms) Oregon (OF) (600) 292-0582 (00) 222-8000 (600) 864-2508 Florida (FL) Missouri (MO) Pennsyivania (PA) (800) 86-ABUSE (800) 382-3738 (209) 982-0613 (800-562-2673) Minos (L) Montana (MT) Rhode sland (Fi) (00) 252.2873, (86) 820-KIDs (6437) (600) FI-CHILD indfane (IN) Nebraske (NE) Texas (7%) (600) 800-5556 (@00) 652-1809 (600) 282-5400 lowa (A) Nevada (NV) Utah (UT) (@00) 362.2178 (00) 892-5757 (600) 678.9399 Kansas (KS) New Hampshire (NH) Virginia (VA) (200) 922-5830 (00) 694-5533 (800) 862-7008 Kentucky (cy) New Jersey (NU) Weshington (WA) (800) 752-8200 (800) 792-8610 (00) 562-5624 n