Definitions of Child Abuse and Neglect - American Samoa

Physical Abuse
Citation: Ann. Code §§ 45.2001(a)(1); 46.3811

'Abuse' or 'child abuse or neglect' means an act or omission that can include any of the following: 

• Serious bruising, bleeding, malnutrition, failure to thrive, burns, fracture of a bone, subdural hematoma, soft tissue swelling, or death
• A condition or death that is not justifiably explained, where the history given concerning the condition or death is inconsistent with the degree or type of condition or death, or circumstances indicate that the condition or death may not be the result of an accidental occurrence 

In criminal law: A person commits the crime of 'child abuse' or ‘abuse of a child' if they purposely or knowingly cause injury to a child by unreasonable force by any of the following:

• Burning, biting, or cutting a child
• Striking a child with a closed fist
• Shaking, kicking, or throwing the child
• Interfering with the child's breathing
• Threatening a child with a dangerous instrument or injuring a child with a dangerous instrument
• Any other act that creates a substantial risk of harm or death to a child

The acts listed above may be evidenced by any skin bruising, bleeding, malnutrition, dehydration, burns, fracture of any bone, subdural hematoma, soft tissue swelling, injury to any internal organ, or any physical condition that imperils the health or welfare of the victim or can lead to death.

For purposes of this chapter, a dangerous instrument means any instrument, article, or substance which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

Neglect
Citation: Ann. Code §§ 45.2001(a)(1); 45.0103(19)

'Abuse' or 'child abuse or neglect' means any case in which the child's parents, legal guardians, custodians, or any other person responsible for the child's health and welfare fail to take action to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. 

'Neglected or dependent child' means a child:

• Whose parent, guardian, or legal custodian has abandoned them or has subjected them to mistreatment or abuse or whose parent, guardian, or legal custodian has allowed another to mistreat or abuse the child without taking lawful means to stop such mistreatment or abuse and to prevent it from recurring
• Who lacks proper parental care through the actions or omissions of the parent, guardian, or legal custodian
• Whose environment is injurious to their welfare
• Whose parent, guardian, or legal custodian fails or refuses to provide proper or necessary subsistence, education, medical care, or other care necessary for their health, guidance, or well-being
• Who is homeless, without proper care, or not domiciled with their parent, guardian, or legal custodian through no fault of their parent, guardian, or legal custodian

Sexual Abuse/Exploitation
Citation: Ann. Code § 45.2001(a)(1)

The terms 'abuse' or 'child abuse or neglect' include acts or omissions that include when a child is:

• Subjected to sexual offenses, including rape, sexual assault, sexual abuse, or indecent exposure
• Allowed, permitted, or encouraged to engage in prostitution
• Allowed, permitted, or encouraged to be the subject of obscene or pornographic photographing, filming, or depicting 

Emotional Abuse
Citation: Ann. Code §§ 45.2001(a)(1); 46.3811

The terms 'abuse' or 'child abuse or neglect' include mental injury. 

In criminal law: A person commits the crime of 'child abuse' or ‘abuse of a child' if they purposely or knowingly inflict serious emotional damage to a child, which is injury to the emotional condition of a child, as evidenced by severe anxiety, depression, or withdrawal or substantial change in behavior, emotional response, cognition, or untoward aggressive behavior, and such injury is diagnosed by a medical doctor or psychologist.

Abandonment
Citation: Ann. Code § 46.3805

In criminal law: A person commits the crime of abandonment of a child if, as a parent, guardian, or other person legally charged with the care or custody of a child younger than age 8, the person leaves the child in any place with purpose wholly to abandon it, under circumstances which may result in serious physical injury, illness, or death.

Standards for Reporting
Citation: Ann. Code § 45.2002

A report is required when the reporter has reasonable cause to know or suspect that a child has been subjected to abuse or neglect or has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect. 

Persons Responsible for the Child
Citation: Ann. Code § 45.2001(a)(1)

Responsible persons include the following:

• A child's parent, legal guardian, or custodian
• Any employee of a residential facility
• Any staff person providing out-of-home care or under any other settings in which children are provided care
• Any other person responsible for the child's health and welfare

Exceptions
Citation: Ann. Code §§ 45.2001(a)(1); 45.0103(20); 45.0104

Those investigating child abuse must consider accepted child-rearing practices of the culture in which the child participates. 

Reasonable exercise of parental discipline is not considered abuse. 'Normal parental discipline' means all actions by parents, such as administration of blows by hand, strap, or light switch upon the buttocks, or any firm handling, scolding, or light taps insufficient to seriously bruise or produce medical injury or disability.

Notwithstanding any other provision of this title, no child who, in good faith, is under treatment solely by spiritual means through prayer, in accordance with the tenets and practices of a recognized church or religious denominations by a duly accredited practitioner shall, for that reason alone, be considered to have been neglected. Notwithstanding the above, the court may intervene to further protect the child's welfare if the child's life is threatened.