Definitions of Child Abuse and Neglect - Eastern Band of the Cherokee Indians

Physical Abuse
Citation: Tribal Code § 7B-101

'Abused child' means any child younger than age 18 whose parent, guardian, custodian, caretaker, or any other person, without regard to intent, does any of the following: 

• Inflicts or allows to be inflicted upon the child death or serious physical injury by other than accidental means   
• Creates or allows to be created a substantial risk of serious physical injury to the child by other than accidental means
• Uses or allows to be used upon the child cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior
• Encourages, directs, or approves of delinquent or undisciplined acts committed by the child
• Commits or allows to be committed any offense involving human trafficking, involuntary servitude, or sexual servitude against the child

'Aggravated circumstances' means any incidents of maltreatment perpetrated upon a child that demonstrates such indifference to the health and well-being of the child and the community's standards for the care of children that it increases the enormity or adds to the injurious consequences such that reunification efforts with the parent or caregiver are deemed not to be in the best interests of the child, and termination of parental rights may be sought immediately. Aggravated circumstances include, but are not limited to, abandonment, torture, chronic abuse, sexual abuse, abuse resulting in permanent injury, maiming or death of any child, use of a weapon in an act of child abuse, or birth/delivery of a child addicted to illegal substances. 

Neglect
Citation: Tribal Code § 7B-101

'Drug endangered child' means a child who is at substantial risk of suffering harm as a result of their parent, guardian, custodian, or caregiver's drug misuse, abuse, possession, manufacturing, or distribution, including, but not limited to, the risk created when the parent, guardian, custodian, or caregiver's drug use interferes with the caregiver's ability to provide proper supervision or a safe and nurturing environment for the child. For the purposes of this chapter, 'drug' also includes alcohol. 

The term 'neglected child' refers to a child to whom any of the following applies:

• Who does not receive proper care, supervision, or discipline from their parent, guardian, custodian, or caregiver
• Who has been abandoned
• Who is not provided necessary medical or remedial care
• Who lives in an environment injurious to the child's welfare
• Who is a drug-endangered child
• Who has not been provided proper care pursuant to an intervention plan or other plan developed by the Tribe's Department of Human Services to which the parent, guardian, custodian, or caretaker has not substantially complied
• Who has been placed for care or adoption in violation of law 

In determining whether a child is a neglected child, it is relevant whether that child lives in a home where another child has died because of suspected abuse or neglect or lives in a home where another child has been subjected to abuse or neglect by an adult who regularly lives in the home. 

Sexual Abuse/Exploitation
Citation: Tribal Code § 7B-101

The term 'abused child' includes any child younger than age 18 whose parent, guardian, custodian, caretaker, or any other person, without regard to intent, commits, permits, encourages, or allows to be inflicted upon the child any of the following acts:

• Aggravated sexual abuse
• Sexual abuse of a minor or ward
• Abusive sexual contact
• Child abuse in the first or second degree
• Unlawful sale, surrender, or purchase of a minor
• Disseminating and exhibiting harmful material or performances to minors
• Crimes against nature or incest
• Preparation of obscene photographs, slides, or motion pictures of the child
• Employing or permitting the child to assist in a violation of obscenity laws
• First- and second-degree sexual exploitation of the child
• Promoting the prostitution of the child
• Taking indecent liberties with the child 

Emotional Abuse
Citation: Tribal Code § 7B-101

The term 'abused child' includes any child younger than age 18 whose parent, guardian, custodian, caregiver, or any other person, without regard to intent, inflicts or allows serious mental or emotional damage to be inflicted on the child. Serious emotional damage means injury to the intellectual or psychological capacity of a child, as evidenced by a discernible and substantial impairment in the ability of the child to function within the normal range of performance and behavior, and may include, but is not limited to, anxiety, depression, withdraw, or aggressive behavior toward self or others. 

Abandonment
Citation: Tribal Code § 7B-101

'Abandoned child' means a child with a complete lack of parental contact or marginal contact for more than 3 months and with no parental provision of financial support for more than 6 months. Placement of the child with a relative of the parent shall not in and of itself constitute abandonment. 

'Dependent child' means a child in need of services or placement because of either of the following:

• The child has no parent, guardian, or custodian responsible for the child's care or supervision.
• The child's parent, guardian, custodian, or caregiver is unable or unwilling to provide for the child's care or supervision and lacks an appropriate alternative child care arrangement. 

Standards for Reporting
Citation: Tribal Code 7B-301

A report is required when any person has cause to suspect that any child has been maltreated or has died as the result of maltreatment.

Persons Responsible for the Child
Citation: Tribal Code § 7B-101

'A person responsible for a child's health and welfare' means a parent, guardian, or custodian. The term also includes a stepparent; foster parent; an adult member of the child's household; an adult relative entrusted with the child's care; any person, such as a house parent or cottage parent, who has primary responsibility for supervising a child's health and welfare in a residential child care facility or residential educational facility;, or any employee or volunteer of a division, institution, or school operated by the Eastern Band of Cherokee Indians. 

A 'caretaker' is any person other than a parent, guardian, or custodian who has responsibility for the health and welfare of a child in a residential setting. 'Caretaker' also means any person who has the responsibility for the care of a child in a child care facility located on Tribal trust land and includes any person who has the approval of the care provider to assume responsibility for the children under the care of the care provider. Nothing in this subdivision shall be construed to impose a legal duty of financial or child support under Cherokee common law.

Exceptions
Citation: Tribal Code § 7B-101

Placement of the child with a relative of the parent shall not in and of itself constitute abandonment.