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State Definitions of Child Abuse and Neglect

Within the minimum standards set by CAPTA, each State is responsible for providing its own definitions of child abuse and neglect. Most States recognize four major types of maltreatment: neglect, physical abuse, sexual abuse, and emotional abuse. You can locate definitions for your State by conducting a State Statutes Search on the Information Gateway website.

The examples provided below are for general informational purposes only.

Neglect is failure to provide for a child's basic needs. Neglect may be:

• Physical (e.g., failure to provide necessary food or shelter, or lack of appropriate supervision)
• Medical (e.g., failure to provide necessary medical or mental health treatment)
• Educational (e.g., failure to educate a child or attend to special education needs)
• Emotional (e.g., inattention to a child's emotional needs, failure to provide psychological care, or permitting the child to use alcohol or other drugs)

These situations do not always mean a child is neglected. Sometimes cultural values, standards of care in the community, or 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.

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

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 the production of pornographic materials.

Emotional 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. Emotional abuse is often difficult to prove and, therefore, child protective services may not be able to intervene without evidence of harm to the child. Emotional abuse is almost always present when other forms are identified.

Selected Resources What Is Child Abuse and Neglect? Child Welfare Information Gateway (2004) Factsheet that defines the major types of maltreatment, based on Federal legislation. (PDF - 302 KB) Definitions of Child Abuse and Neglect Child Welfare Information Gateway (2007) Provides State-by-State information on the conduct, acts, and omissions that constitute reportable child abuse or neglect. (PDF - 137 KB) Child Welfare and the Law Child Welfare Information Gateway National organizations that provide information for legal, court, and agency professionals serving children and families.

	Related Information Gateway Topics Child abuse & neglect: Types Systemwide: Laws & policies

Updated on December 7, 2007