State Legal Definitions of Child Abuse
Below are some general or common statements and definitions included in states laws
concerning child abuse. After these definitions follows links to each states specific laws. If
you desire to see the actual law, go to the US links page and click on the "laws" links.
Physical Abuse is commonly defined as "any nonaccidental physical injury to the child"
which can include striking, burning, kicking, or biting the child, or any action resulting in a
physical impairment of the child. These states include a substantial risk of harm to the
child's health or welfare: AL, AK, AR, CA, CO, FL, HI, IL, IN, KY, LA, ME, MD, MS, MI, MN,
NT, NA, NJ, NM, MY, NC, OH, OR, PA, RI, TN, TX, UT, VT, VA, WV, WI, WY.
Neglect - frequently described in terms of deprivation of sufficient food clothing, shelter,
medial care, or supervision. Failure to educate the child as required by law are included in
the following state statutes: AK, CO, CT, DE, ID, IA, KY, MN, MO, NV, NH, NJ, NM, NY,
ND, OH, SC, SD, WV,WY. Seven states (MS, ND, OH, TN, TX, WV) add that medical
neglect is when someone fails to provide an special medical treatment or mental health
care needed by the child. Four other states (IA, KS, MN, MT) define medical neglect as
the withholding of medical treatment or nutrition from disabled infants with life threatening
conditions.
Sexual abuse/Exploitation - All states include sexual abuse in their definitions of child
abuse. Some states refer to sexual abuse in general terms, others with specific acts.
Sexual Exploitation is an element of the definition of sexual abuse in most jurisdictions.
Sexual Exploitation includes allowing the child to engage in prostitution or in the
production of child porn.
Neglect - is frequently described in terms of deprivation of sufficient food, clothing,
shelter, medical care, or supervision. The following states include failure to educate the
child as required by law in their definitions of neglect: AK, CO, CT, DE, ID, IA, KY, MN,
MO, MT, NV, NH, NJ, NY, ND, OH, SC, SD, WV, WY. These states add to that medical
neglect as failing to provide any special medical treatment or mental health care needed
by the child: MS, ND, OH, OK, TN, TX, WY. These four states define as medical neglect
the withholding of medical treatment or nutrition from disabled infants with life threatening
conditions: IA, KS, MN, MT.
Emotional Abuse - all states except GA and WA include emotional maltreatment as part
of their definitions of abuse or neglect. The following twenty-two states and DC have
specific definitions of emotional abuse or mental injury to a child: AK, AZ, AR, CA, CO, DC,
FL, ID, KY, ME, MD, MN, MT, NV, NY, OH, PA, RI, SC, TN, VT, WI, WY.
Abandonment - These locations include abandonment in their definitions of neglect: CO,
CT, DC, FL, IL, KY, LA, MN, NV, NC, OK, RI, SD, TX, VT, VA, WV, WY. These states
provide separate definitions for establishing abandonment: AZ. AK, ID, IN, KS, ME, MT,
NH, NM, NY, ND, OH, SC.
In general, it is considered abandonment of the child when the parent's identity or location
is unknown, the child has been left by the parent in circumstances in which the child
suffers serious harm, or the parent has failed to maintain contact with the child or to
provide reasonable support for a specified period of time.
Parental Substance Abuse - is an element of the definition of child abuse or neglect in
some states. Circumstances that are considered abuse in some states include:
- prenatal exposure of a child to harm due to the mother's use of an illegal drug or other
substance. (AK, CO, DC, IL, IA, LA, MS, MN, ND, SD, WI)
- manufacture of a controlled substance in the presence of a child or on the premises
occupied by a child. (CO, IA, IN, MT, OH, OR, SD, TN, VA, WA)
- allowing a child to be present where chemicals or equipment for the manufacture of
controlled substances are used or stored. (AZ, NM, WA)
- selling, distributing, or giving drugs or alcohol to a child. (AK, FL, HI, IL, MN, OH, TX)
- use of a controlled substance by a caregiver that impairs the caregiver's ability to
adequately care for the child. (KY, NY, RI, TX)
concerning child abuse. After these definitions follows links to each states specific laws. If
you desire to see the actual law, go to the US links page and click on the "laws" links.
Physical Abuse is commonly defined as "any nonaccidental physical injury to the child"
which can include striking, burning, kicking, or biting the child, or any action resulting in a
physical impairment of the child. These states include a substantial risk of harm to the
child's health or welfare: AL, AK, AR, CA, CO, FL, HI, IL, IN, KY, LA, ME, MD, MS, MI, MN,
NT, NA, NJ, NM, MY, NC, OH, OR, PA, RI, TN, TX, UT, VT, VA, WV, WI, WY.
Neglect - frequently described in terms of deprivation of sufficient food clothing, shelter,
medial care, or supervision. Failure to educate the child as required by law are included in
the following state statutes: AK, CO, CT, DE, ID, IA, KY, MN, MO, NV, NH, NJ, NM, NY,
ND, OH, SC, SD, WV,WY. Seven states (MS, ND, OH, TN, TX, WV) add that medical
neglect is when someone fails to provide an special medical treatment or mental health
care needed by the child. Four other states (IA, KS, MN, MT) define medical neglect as
the withholding of medical treatment or nutrition from disabled infants with life threatening
conditions.
Sexual abuse/Exploitation - All states include sexual abuse in their definitions of child
abuse. Some states refer to sexual abuse in general terms, others with specific acts.
Sexual Exploitation is an element of the definition of sexual abuse in most jurisdictions.
Sexual Exploitation includes allowing the child to engage in prostitution or in the
production of child porn.
Neglect - is frequently described in terms of deprivation of sufficient food, clothing,
shelter, medical care, or supervision. The following states include failure to educate the
child as required by law in their definitions of neglect: AK, CO, CT, DE, ID, IA, KY, MN,
MO, MT, NV, NH, NJ, NY, ND, OH, SC, SD, WV, WY. These states add to that medical
neglect as failing to provide any special medical treatment or mental health care needed
by the child: MS, ND, OH, OK, TN, TX, WY. These four states define as medical neglect
the withholding of medical treatment or nutrition from disabled infants with life threatening
conditions: IA, KS, MN, MT.
Emotional Abuse - all states except GA and WA include emotional maltreatment as part
of their definitions of abuse or neglect. The following twenty-two states and DC have
specific definitions of emotional abuse or mental injury to a child: AK, AZ, AR, CA, CO, DC,
FL, ID, KY, ME, MD, MN, MT, NV, NY, OH, PA, RI, SC, TN, VT, WI, WY.
Abandonment - These locations include abandonment in their definitions of neglect: CO,
CT, DC, FL, IL, KY, LA, MN, NV, NC, OK, RI, SD, TX, VT, VA, WV, WY. These states
provide separate definitions for establishing abandonment: AZ. AK, ID, IN, KS, ME, MT,
NH, NM, NY, ND, OH, SC.
In general, it is considered abandonment of the child when the parent's identity or location
is unknown, the child has been left by the parent in circumstances in which the child
suffers serious harm, or the parent has failed to maintain contact with the child or to
provide reasonable support for a specified period of time.
Parental Substance Abuse - is an element of the definition of child abuse or neglect in
some states. Circumstances that are considered abuse in some states include:
- prenatal exposure of a child to harm due to the mother's use of an illegal drug or other
substance. (AK, CO, DC, IL, IA, LA, MS, MN, ND, SD, WI)
- manufacture of a controlled substance in the presence of a child or on the premises
occupied by a child. (CO, IA, IN, MT, OH, OR, SD, TN, VA, WA)
- allowing a child to be present where chemicals or equipment for the manufacture of
controlled substances are used or stored. (AZ, NM, WA)
- selling, distributing, or giving drugs or alcohol to a child. (AK, FL, HI, IL, MN, OH, TX)
- use of a controlled substance by a caregiver that impairs the caregiver's ability to
adequately care for the child. (KY, NY, RI, TX)
