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Definitions in Federal Law

Federal legislation provides a foundation for States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. §5106g), as amended by the Keeping Children and Families Safe Act of 2003, defines child abuse and neglect as, at minimum:

• Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or
  
  
• An act or failure to act which presents an imminent risk of serious harm.

This definition of child abuse and neglect refers specifically to parents and other caregivers. A "child" under this definition generally means a person who is under the age of 18 or who is not an emancipated minor.

While CAPTA provides definitions for sexual abuse and the special cases related to withholding or failing to provide medically indicated treatment, it does not provide specific definitions for other types of maltreatment such as physical abuse, neglect, or emotional abuse. While Federal legislation sets minimum standards, each State is responsible for providing its own definition of maltreatment within civil and criminal contexts.

Selected Resources What Is Child Abuse and Neglect? Child Welfare Information Gateway (2004) Defines the major types of maltreatment, based on Federal legislation. (PDF - 302 KB) Child Abuse Prevention and Treatment Act (CAPTA) Children's Bureau, U.S. Department of Health and Human Services (2004) Presents CAPTA as amended by the Keeping Children and Families Safe Act of 2003. Contains the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended. (PDF - 300 KB)

	Related Information Gateway Topics Systemwide: Laws & policies

Updated on November 10, 2008