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State Laws on Issues Related to Child Abuse and Neglect
Many States have enacted laws that focus on situations that may put children at particular risk of harm, such as parental substance abuse or infant abandonment.
State statutes index and search
Access the Child Welfare Information Gateway State Statutes Series by title, or search statutes by individual States on issues related to child abuse and neglect, child welfare, and adoption.
State Statutes Series
| Definitions of Domestic Violence | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 464KB) |
| Year Published: | 2011 - 60 pages |
| The definition of domestic violence varies depending on the context in which the term is used. A clinical or behavioral definition is "a pattern of assaultive and/or coercive behaviors, including physical, sexual, and psychological attacks, as well as economic coercion, that adults or adolescents use against their intimate partners." Legal definitions across the States generally describe specific conduct or acts that are subject to civil and criminal actions, and the specific language used may vary depending on whether the definition is found in the civil or criminal sections of the State?s code. Approximately 46 States, the District of Columbia, American ... | |
| Infant Safe Haven Laws: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 447KB) |
| Year Published: | 2010 - 69 pages |
| Reviews State laws that provide a vehicle for the safe relinquishment of newborns who might otherwise be abandoned. Summaries of laws for all States and US territories are included. | |
| Parental Drug Use as Child Abuse: Summary of State Laws | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 324KB) |
| Year Published: | 2009 - 30 pages |
| Abuse of drugs or alcohol by parents and other caregivers can have negative effects on the health, safety, and well-being of children. Approximately 47 States, the District of Columbia, Guam, and the U.S Virgin Islands have laws within their child protection statutes that address the issue of substance abuse by parents. Two areas of concern are the harm caused by prenatal drug exposure and the harm caused to children of any age by exposure to illegal drug activity in their homes or environment. The Child Abuse Prevention and Treatment Act (CAPTA) requires States to have policies and procedures in place ... | |
| Representation of Children in Child Abuse and Neglect Proceedings | |
| Series Title: | State Statutes |
| Author(s): | Child Welfare Information Gateway |
| Availability: | View Download (PDF - 561KB) |
| Year Published: | 2011 - 88 pages |
| Examines State laws that specify when a State court must provide legal representation for a child involved in child abuse and neglect proceedings and whether that representative must be an attorney, guardian ad litem, or a court-appointed special advocate. The qualifications, training, specific duties, and compensation of the representative also are addressed. Summaries of relevant laws for all States and U.S. territories are included. | |
Related resources
State Policies in Brief: Infant Abandonment (PDF - 352 KB)
Guttmacher Institute (2007)
Lists State provisions for the safe relinquishment of infants.
Statutes of Limitation for Prosecution of Offenses Against Children (PDF - 512 KB)
National Center for the Prosecution of Child Abuse (2010)
Includes statutes that extend or eliminate time limitations for charging criminal offenses related to child victims.
Substance-Exposed Newborns: New Federal Law Raises Some Old Issues (PDF - 115 KB)
National Conference of State Legislatures, Children's Policy Initiative (2004)
Describes provisions of the Keeping Children and Families Safe Act of 2003 requiring States to address the needs of children who are affected by prenatal exposure to illegal drugs. Provides an overview of State reporting laws at the time, discusses the role of child protective services, and highlights the importance of prevention.