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Child Abuse and Neglect
STATUTES
A T - A - G L A N C E
Definitions of Child Abuse and Neglect
Child abuse and neglect are defined by both of neglect. Some definitions are detailed, while
Federal and State legislation. The Child Abuse others are broad.
Prevention and Treatment Act (CAPTA) is the
Federal legislation that provides minimum States with broader definitions provide CPS with
guidelines that States must incorporate in their greater discretion in determining what constitutes
statutory definitions of child abuse and neglect. abuse.
Based on CAPTA guidelines, each State The following chart presents standards,
provides its own definitions of child abuse and exemptions, and categories of maltreatment
neglect. As applied to reporting statutes, these delineated in each State’s statute.
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.”
This summary is a product of the Child Abuse and Neglect State
Statutes Series, which is produced by the National Clearinghouse on
Child Abuse and Neglect Information. The Clearinghouse is a service of
Exemptions the Children’s Bureau, Administration for Children and Families, U.S.
Department of Health and Human Services.
The Statutes-at-a-Glance series highlight specific topics from the Child
Most statutes also specify exceptions. The Abuse and Neglect State Statutes Compendium of Laws, presented in a
most common exception is religious exemption for table format to provide quick comparisons of statutory provisions across
the States. The Compendium is a compilation of State laws on different
parents who choose not to seek medical care for topics related to child maltreatment reporting laws, central registries,
permanency planning and domestic violence.
their children due to religious beliefs. Other
exceptions include corporal punishment, cultural Electronic copies of this publication may be downloaded from the
Clearinghouse Web site, located on the Internet at the URL listed
practices, and poverty. below. To purchase print copies of this publication or for more
information about the Child Abuse and Neglect State
Statutes Series, contact the Clearinghouse at:
Categories National Clearinghouse on Child Abuse
and Neglect Information
330 C Street SW
Washington, DC 20447
States generally provide separate definitions 1-800-FYI-3366
E-mail: statutes@calib.com
for physical abuse, neglect, sexual abuse, sexual Web site:
exploitation, and emotional maltreatment. Many http://www.calib.com/nccanch/statutes/index.cfm
States now include abandonment in their definition We welcome your comments and
suggestions about this publication.
National Clearinghouse on Child Abuse and Neglect Information Readers should not rely on this summary for legal advice.
February 2002 Page 1
Definitions of Child Abuse and Neglect (Current through December 31, 2001)
Sexual Abuse
Abandonment
Mental Injury
Exploitation
Emotional/
Physical
Neglect
Sexual
Abuse
STATE/STATUTE Standard Exemption(s)
ALABAMA Harm or Religious exemption
§§ 26-14-1(1)-(3) threatened harm
26-14-7.2(a)
ALASKA Health or welfare Religious exemption
§§ 47.17.290 harmed or
47.17.020(d) threatened
ARIZONA Inflicting or Christian Science
§§ 8-201(1),(2),(6), allowing treatment
(8),(12),(13),(21) Unavailability of
reasonable services
ARKANSAS Intentionally, Corporal punishment
§ 12-12-503 Knowingly, or Poverty
Negligently and
without cause
CALIFORNIA Inflicted by non- Informed medical
Penal Code accidental means decision
§§ 11165.1 Reasonable force
11165.2 Religious exemption
11165.3
11165.4
11165.5
11165.6
COLORADO Threatens child’s Corporal punishment
§§ 19-1-103(1), health or welfare Cultural practices
(18),(27),(32), Reasonable force
(35),(37),(66), Religious exemption
(67),(94),(97), Work-related practices
(101),(104), of agricultural
(108),(111) communities
19-3-102
19-3-103
CONNECTICUT Inflicted injuries Christian Science
§ 46b-120(1)-(2), by non-accidental treatment
(4),(8)-(9),(10) means
17a-104
DELAWARE Injury by other Religious exemption
tit. 16, §§ 902 than accidental
913 means
DISTRICT OF Inflicts or fails to Religious exemption
COLUMBIA make reasonable Poverty
§§ 16-2301(9),(23)- efforts to prevent
(25) the infliction of
4-1301.02(1),
(4)-(6),(16)-(18),
(20)
FLORIDA Willful or Religious exemption
§§ 39.01(1),(2),(10), threatened act that Corporal punishment
(12),(14), (19), harms or is likely Poverty
(27),(30),(31), to cause harm
(43),(45),(47),
(52),(63),(71)
National Clearinghouse on Child Abuse and Neglect Information Readers should not rely on this summary for legal advice.
February 2002 Page 2
Definitions of Child Abuse and Neglect (Current through December 31, 2001)
Sexual Abuse
Abandonment
Mental Injury
Exploitation
Emotional/
Physical
Neglect
Sexual
Abuse
STATE/STATUTE Standard Exemption(s)
GEORGIA Inflicted by non- Religious exemption
§ 19-7-5(b) accidental means Corporal punishment
HAWAII Acts or omissions
§ 350-1 resulting in the
child being
harmed or subject
to any reasonably
foreseeable,
substantial risk of
being harmed
IDAHO Conduct or Religious exemption
§ 16-1602(a),(b), omission
(k),(q),(s),(t)
ILLINOIS Inflicts, causes to Plan of care
325 ILCS 5/3 be inflicted, or Religious exemption
allows to be School attendance
inflicted
Creates a
substantial risk
Commits or
allows to be
committed
INDIANA Acts or omissions Corporal punishment
§§ 31-34-1(1)-(11), Prescription drugs
(12)-(15) Religious exemption
35-46-1(3)
31-9-2-0.5
IOWA Acts or omissions Religious exemption
§ 232.68(2),(4),(5),
(7)
KANSAS Infliction of injury Religious exemption
§§ 38-1502(a)-(h),(l), or causing
(r),(t),(v)-(z),(cc) deterioration
21-3502, 3503,
3504, 3510, 3511,
3516
KENTUCKY Harmed or Religious exemption
§ 600.020(1),(2),(6), threatened with
(8),(24),(37), harm
(38),(42),(44), Inflicts or allows
(54)-(56) to be inflicted
LOUISIANA Seriously Poverty
Children’s Code endangers Religious exemption
art.603(1),(3),(5),
(7),(7.1),(9),(10),
(14),(17)
MAINE Threat to child’s Religious exemption
tit. 22, §§ 4002 health or welfare
(1),(1-A),(1-B), Deprivation of
(6),(9),(9-B), essential needs
(9-C),(10),(11) Lack of protection
4010(1)
National Clearinghouse on Child Abuse and Neglect Information Readers should not rely on this summary for legal advice.
February 2002 Page 3
Definitions of Child Abuse and Neglect (Current through December 31, 2001)
Sexual Abuse
Abandonment
Mental Injury
Exploitation
Emotional/
Physical
Neglect
Sexual
Abuse
STATE/STATUTE Standard Exemption(s)
MARYLAND Harmed or
§ 5-701 substantial risk of
being harmed
MASSACHUSETTS Inflicted harm
Ch. 119, § 51A Substantial risk of
Ch. 209, § 38 harm
MICHIGAN Harm or threatened Religious exemption
§§ 722.622(b)-(f), harm
(i)-(k),(o),(p),
(r),(s),(v),(w)
722.628(3)(c)
722.634
MINNESOTA Infliction of harm Corporal punishment
§§ 260C.007 Inadequate ability Religious exemption
Subd.3,4,8,12, to provide adequate Cultural practices
14,15,18,21-26 parental care Reasonable force by a
626.556 Subd. teacher, principal, or
2(a)-(e), (k), (l) school employee
MISSISSIPPI Caused or allowed Corporal punishment
§ 43-21-105(d)-(g), to be caused Religious exemption
(l)-(n),(v)
MISSOURI Inflicted by non- Corporal punishment
§§ 210.110 accidental means Religious exemption
210.115(3)
MONTANA Actual harm Religious exemption
§ 41-3-102(1)-(9), Substantial risk of Reasonable medical
(11)-(15),(17)- harm judgment
(18),(21)-(23)
NEBRASKA Knowingly,
§ 28-710 Intentionally, or
Negligently
causing or
permitting
NEVADA Caused or allowed Religious exemption
§§ 432B.020(1)-(2) Harmed or
432B.070 threatened with
432B.090 harm
432B.100 Intentional acts or
432B.110 omissions
432.130
432.140
432.150
NEW HAMPSHIRE Immediate peril or Religious exemption
§ 169-C:3 risk
NEW JERSEY Inflicts or allows
§ 9:6-8.9 to be inflicted
Creates or allows
to be created a
substantial or
ongoing risk
National Clearinghouse on Child Abuse and Neglect Information Readers should not rely on this summary for legal advice.
February 2002 Page 4
Definitions of Child Abuse and Neglect (Current through December 31, 2001)
Sexual Abuse
Abandonment
Mental Injury
Exploitation
Emotional/
Physical
Neglect
Sexual
Abuse
STATE/STATUTE Standard Exemption(s)
NEW MEXICO Knowingly, Religious exemption
§ 32A-4-2 Intentionally, or
Negligently
NEW YORK Inflicts or allows
Soc. Serv. §§ to be inflicted
412(1),(2), (4)-(12) Creates or allows
384b(8) to be created
Fam. Crt. § 1012(e)- Commits or
(h),(j) allows to be
committed
NORTH CAROLINA Inflicts or allows
§ 7B-101(1)-(3), to be inflicted
(8),(9),(14),(15), Creates or allows
(18),(19) to be created
Uses or allows to
be used
Commits, permits,
or encourages
Encourages,
directs, or
approves
NORTH DAKOTA Serious harm
§§ 50-25.1-02 caused by non-
27-20-02(1)- accidental means
(3),(8)
OHIO Harms or Corporal punishment
§§ 2151.011(B)(1), threatens to harm Religious exemption
(22),(27)-(29),
(33),(C)
2151.03(A)-(B)
2151.031
2151.04
2151.05
2907.01
OKLAHOMA Harms or Religious exemption
tit. 10, §§ threatens to harm Corporal punishment
7102(B)
7103(E)
7106(A)(3)
OREGON Inflicted harm by Corporal punishment
§ 419B.005 non-accidental
means
Threatened harm;
substantial risk of
harm
PENNSYLVANIA Recent act or Poverty
23 PCSA § 6303(a)- failure to act Religious exemption
(b)
National Clearinghouse on Child Abuse and Neglect Information Readers should not rely on this summary for legal advice.
February 2002 Page 5
Definitions of Child Abuse and Neglect (Current through December 31, 2001)
Sexual Abuse
Abandonment
Mental Injury
Exploitation
Emotional/
Physical
Neglect
Sexual
Abuse
STATE/STATUTE Standard Exemption(s)
RHODE ISLAND Harmed or
§ 40-11-2 threatened with
harm
Inflicts or allows
to be inflicted
Creates or allows
to be created
Commits or
allows to be
committed
SOUTH CAROLINA Harmed or Corporal punishment
§ 20-7-490(1)-(21) threatened with
harm
Inflicts or allows
to be inflicted
Commits or
allows to be
inflicted
SOUTH DAKOTA Threatens with
§ 26-8A-2 substantial harm
TENNESSEE Commits or
§§ 37-1-102(b)(1), allows to be
(12), (21) committed
37-1-401
37-1-602(a)
TEXAS Substantial harm Corporal punishment
Fam. Code § 261.001 or the genuine
Penal Code § 43.01 threat of
substantial harm
Failure to make a
reasonable effort
to prevent
UTAH Causing harm or
§ 62A-4a-402 threatened harm
VERMONT Harmed or Religious exemption
tit. 33, § 4912 substantial risk of
harm
VIRGINIA Creates or inflicts, Religious exemption
§ 63.1-248.2 threatens to create
or inflict, or
allows to be
created or
inflicted
Commits or
allows to be
committed
National Clearinghouse on Child Abuse and Neglect Information Readers should not rely on this summary for legal advice.
February 2002 Page 6
Definitions of Child Abuse and Neglect (Current through December 31, 2001)
Sexual Abuse
Abandonment
Mental Injury
Exploitation
Emotional/
Physical
Neglect
Sexual
Abuse
STATE/STATUTE Standard Exemption(s)
WASHINGTON Health, welfare, Corporal punishment
§§ 26.44.020(2)- and safety is Physical disability
(6), (12)-(16), harmed Christian Science
(19) treatment
26.44.030(1)(c)
26.44.015(1)-
(3)
WEST VIRGINIA Harm or threat Poverty
§ 49-1-3(a)-(c),(e), Knowingly or Exemption to state
(g),(h),(j)-(n),(q) intentionally compulsory education
inflicts, attempts
to inflict, or
allows to be
inflicted
WISCONSIN Injury by non- Poverty
§§ 48.02(1),(2), accidental means
(2c),(4),(5j),
(14g)
48.981(1)
WYOMING Inflicting or Religious exemption
§ 14-3-202(a) causing physical
or mental injury,
harm, or
imminent danger
National Clearinghouse on Child Abuse and Neglect Information Readers should not rely on this summary for legal advice.
February 2002 Page 7
