Definitions of Child Abuse and Neglect - Kansas

Physical Abuse

Citation: Ann. Stat. § 38-2202

'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.

Neglect

Citation: Ann. Stat. § 38-2202

'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.

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.

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.