Definitions of Child Abuse and Neglect - Keweenaw Bay Indian Community

Physical Abuse
Citation: Tribal Code Tit. 10, § 10-489

'Child abuse' means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through nonaccidental physical injury or maltreatment.

Neglect
Citation: Tribal Code Tit. 10, § 10-489; Tit. 14, § 14-4

'Child neglect' means harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through negligent treatment, including failure to provide adequate food, clothing, shelter, or medical care.

‘Neglected juvenile’ means any juvenile to whom any of the following apply:

• Who is abandoned by their parents, guardian, or custodian
• Who lacks proper parental care because of the fault or habits of their parents, guardian, or custodian
• Whose parents, guardian, or custodian refuses or neglects to provide proper and necessary food, clothing, shelter, education, or other care to preserve and develop the health, moral, or emotional and physical well-being of such juvenile
• Whose parents, guardian, or custodian neglects or refuses to provide such special care as may be necessary or appropriate by reason of the special mental or physical condition or needs of the juvenile
• Who is an infant that has any amount of alcohol, a controlled substance, or a metabolite of a controlled substance in their body unless the substance is present due to medical treatment of the infant or mother 

If the substance is present due to medical treatment of the mother, the treating medical professional must have been informed of the pregnancy.

Sexual Abuse/Exploitation
Citation: Tribal Code Tit. 10, § 10-489

'Child abuse' means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through sexual abuse or maltreatment.

Emotional Abuse
Citation: Tribal Code Tit. 10, § 10-489

'Child abuse' means harm or threatened harm to a child's health or welfare by a person responsible for the child's health or welfare which occurs through nonaccidental mental injury.

Abandonment
Citation: Tribal Code Tit. 14, § 14-6

'Abandon' or 'abandonment' means the willful desertion of a juvenile without ensuring the basic necessities of life are provided for the duration of the parent's absence. Time is not an essential element of the act of abandonment, although the lapse of time may be evidence of an intention to abandon, and, where it is accompanied by acts manifesting such an intention, it may be considered in determining whether there has been an abandonment.

Standards for Reporting
Citation: Tribal Code Tit. 10, § 10-490

A report is required when any person has reasonable cause to suspect that child abuse or neglect has occurred.

Persons Responsible for the Child
Citation: Tribal Code Tit. 14, § 14-4

A 'person responsible for the child' includes the child's parents, guardian, or custodian.

Exceptions

No exceptions are specified in the Tribal code