Definitions of Child Abuse and Neglect - Alabama

Physical Abuse
Citation: Ala. Code §§ 26-14-1(1)-(3); 12-15-301(4); 13A-1-2

'Abuse' means harm or threatened harm to the health or welfare of a child through any of the following: 

• Nonaccidental physical injury
• Sexual abuse or attempted sexual abuse
• Sexual exploitation or attempted sexual exploitation 

'Child abuse' means harm or the risk of harm to the emotional health, physical health, or welfare of a child, which can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual abuse, or sexual exploitation or attempted sexual exploitation.

In criminal law: 'Serious physical injury' means physical injury that creates a substantial risk of death; causes serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ; or a penetrating gunshot wound inflicted by a firearm.

Neglect
Citation: Ala. Code §§ 26-14-1(1)-(3); 12-15-301(9)

'Neglect' means negligent treatment or maltreatment of a child, including, but not limited to, the failure to provide adequate food, clothing, shelter, education, medical treatment, or supervision. 

Sexual Abuse/Exploitation
Citation: Ala. Code § 26-14-1(1)-(3)

'Sexual abuse' includes any of the following:

• The employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or to have a child assist any other person engage in, sexually explicit conduct
• Any simulation of the conduct for the purpose of producing a visual depiction of the conduct
• The rape, molestation, prostitution, or other form of sexual exploitation of children
• Incest with children 

'Sexual exploitation' includes either of the following: 

• Allowing, permitting, or encouraging a child to engage in prostitution
• Allowing, permitting, encouraging, or engaging in obscene or pornographic photographing, filming, or depicting a child 

Emotional Abuse
Citation: Ala. Code § 26-14-1(1)-(3)

The term 'abuse' includes nonaccidental mental injury. 

Abandonment
Citation: Ala. Code § 12-15-301(1)

The term 'abandonment' includes any of the following: 

• A voluntary and intentional relinquishment of the custody of a child by a parent
• Withholding by the parent from the child, without good cause or excuse, of their presence, care, love, protection, maintenance, or the opportunity for the display of filial affection
• Failure to claim the rights of a parent
• Failure to perform the duties of a parent

Standards for Reporting
Citation: Ala. Code § 26-14-3

A report is required when a mandatory reporter knows or suspects a child is a victim of child abuse or neglect. 

Persons Responsible for the Child
Citation: Ala. Code § 26-15-2

The term 'responsible person' includes a child's natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child.

Exceptions
Citation: Ala. Code § 26-14-7.2

A parent who fails to provide medical treatment to a child due to the legitimate practice of religious beliefs shall not be considered negligent for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child. 

The Department of Human Resources may, in any case, pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary to provide medical care or treatment for a child when the care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatments from infants with disabilities and with life-threatening conditions. Data Analysis reports to the National Child Abuse and Neglect Data System the number of infants identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder; the number of such infants for whom a POSC was developed; and the number of such infants for whom a referral was made for appropriate services, including services for the affected family or primary caregiver.