Definitions of Child Abuse and Neglect - Kenaitze Indian Tribe

Physical Abuse
Citation: Tribal Code Ord. 86-06, §§ 1-1-3; 1-4-2

'Neglected or dependent child' means a child to whom any of the following apply:

• Whose parent, guardian, or legal custodian has subjected the child to mistreatment or abuse
• Whose parent, guardian, or legal custodian has allowed another person to mistreat or abuse the child without taking lawful means to stop the mistreatment or abuse or prevent it from recurring
• Whose environment is injurious to their welfare

'Abuse' or 'child abuse or neglect' means an act or omission that seriously threatens the health or welfare of a child as in any case in which a child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death, and such condition or death is at variance with the degree or type of such condition or death, or circumstances indicate that the condition or death may not be the product of an accidental occurrence.

Neglect
Citation: Tribal Code Ord. 86-06, § 1-1-3

'Neglected or dependent child' means a child to whom any of the following apply:

• Who lacks proper parental care through the actions of the parent, guardian, or legal custodian
• 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

'Abuse' or 'child abuse or neglect' means an act or omission in any case in which the child's parent, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, or supervision that a prudent parent would take.

Sexual Abuse/Exploitation
Citation: Tribal Code Ord. 86-06, § 1-4-2

'Abuse' or 'child abuse or neglect' applies to any case in which a child is subjected to sexual assault or molestation.

Emotional Abuse

This issue is not addressed in the Tribal codes reviewed. 

Abandonment
Citation: Tribal Code Ord. 86-06, § 1-1-3

'Neglected or dependent child' means a child to whom any of the following apply:

• Whose parent, guardian, or legal custodian has abandoned them
• Who is homeless, without proper care, or not domiciled with their parent, guardian, or legal custodian and through no fault of their parent, guardian, or legal custodian

Standards for Reporting
Citation: Tribal Code Ord. 86-06, § 1-4-3

A report is required when a mandatory 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: Tribal Code Ord. 86-06, § 1-4-2

A 'person responsible for the child' includes the child's parent, legal guardian, custodian, or any other person responsible for the child's health and welfare.

Exceptions
Citation: Tribal Code Ord. 86-06, § 1-4-2

In all cases, those investigating reports of child abuse shall take into account accepted child-rearing practices of the culture in which the child participates. Nothing in this section shall refer to acts that could be construed to be a reasonable exercise of parental discipline.