Definitions of Child Abuse and Neglect - Kansas

Physical Abuse
Citation: Ann. Stat. §§ 38-2202; 38-2212

'Aggravated circumstances' means the abandonment; torture; chronic abuse; sexual abuse; or chronic, life-threatening neglect of a child.

The term 'child in need of care' means a person younger than age 18 who has been physically, mentally, or emotionally abused or neglected or sexually abused.

'Physical, mental, or emotional abuse' means the infliction of physical, mental, or emotional harm or the causing of a deterioration of a child and may include, but shall not be limited to, maltreatment or exploiting a child to the extent that the child's health or emotional well-being is endangered. 

'Harm' means physical or psychological injury or damage. 

'Near fatality' means an act that, as certified by a person licensed to practice medicine and surgery, places the child in serious or critical condition.

Neglect
Citation: Ann. Stat. § 38-2202

The term 'child in need of care' means a person younger than age 18 to whom any of the following apply:

• Is without adequate parental care, control, or subsistence, and the condition is not due solely to the lack of financial means of the child's parents or other custodian
• Is without the care or control necessary for the child's physical, mental, or emotional health
• Has been placed for care or adoption in violation of law

'Neglect' means acts or omissions by a parent, guardian, or person responsible for the care of a child that results in harm to a child or presents a likelihood of harm, and the acts or omissions are not due solely to the lack of financial means of the child's parents or other custodian. 'Neglect' may include, but shall not be limited to, the following: 

• Failure to provide the child with food, clothing, or shelter necessary to sustain life or health
• Failure to provide adequate supervision of a child or to remove a child from a situation that requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a likelihood of harm to the child
• Failure to use resources available to treat a diagnosed medical condition if such treatment will make a child substantially more comfortable, reduce pain and suffering, or correct or substantially diminish a crippling condition from worsening 

Sexual Abuse/Exploitation
Citation: Ann. Stat. § 38-2202

'Sexual abuse' means any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child, or another person. 'Sexual abuse' includes allowing, permitting, or encouraging a child to engage in the sale of sexual relations or commercial sexual exploitation of a child or to be photographed, filmed, or depicted in pornographic material. 'Sexual abuse' also shall include allowing, permitting, or encouraging a child to engage in aggravated human trafficking, as defined § 21-5426(b), if committed in whole or in part for the purpose of the sexual gratification of the offender or another. 

The term 'child in need of care' means a person younger than age 18 who has been subjected to an act that would constitute human trafficking or aggravated human trafficking, commercial sexual exploitation of a child, or has committed an act which, if committed by an adult, would constitute selling sexual relations.

Emotional Abuse
Citation: Ann. Stat. § 38-2202

The term 'physical, mental, or emotional abuse' includes the infliction of physical, mental, or emotional harm or the causing of a deterioration of a child and may include, but is not limited to, maltreatment or exploiting a child to the extent that the child's health or emotional well-being is endangered. 

'Harm' means physical or psychological injury or damage. 

Abandonment
Citation: Ann. Stat. § 38-2202

'Abandon' or 'abandonment' means to forsake, desert, or cease providing care for the child without making appropriate provisions for substitute care. 

The term 'child in need of care' means a person younger than age 18 who has been abandoned or does not have a known living parent.

Standards for Reporting
Citation: Ann. Stat. § 38-2223

A report is required when a mandatory reporter has reason to suspect that a child has been harmed as a result of physical, mental, or emotional abuse or neglect or sexual abuse. 

Persons Responsible for the Child
Citation: Ann. Stat. § 38-2202

A responsible person includes a parent, guardian, or person responsible for the care of a child.

The term 'parent,' when used in relation to a child or children, includes a guardian and every person who is by law liable to maintain, care for, or support the child. 

Exceptions
Citation: Ann. Stat. § 38-2202

A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not, for that reason, be considered a negligent parent. This exception shall not preclude a court from ordering medical treatment for the child.