Definitions of Child Abuse and Neglect - Missouri

Physical Abuse
Citation: Ann. Stat. §§ 210.110; 568.060; Code of Regs. Tit. 13, § 35-31.010

'Abuse' means any physical injury inflicted on a child by other than accidental means by those responsible for the child's care, custody, and control. 

In criminal law: 'Abuse' means the infliction of physical, sexual, or mental injury against a child by any person aged 18 or older. For purposes of this section, abuse shall not include injury inflicted on a child by accidental means by a person with care, custody, or control of the child or discipline of a child by a person with care, custody, or control of the child, including spanking, in a reasonable manner.

'Abusive head trauma’ means a serious physical injury to the head or brain caused by any means, including, but not limited to, shaking, jerking, pushing, pulling, slamming, hitting, or kicking.

'Physical injury' means physical pain, illness, or any impairment of physical condition, including, but not limited to, bruising, lacerations, hematomas, welts, or permanent or temporary disfigurement and impairment of any bodily function or organ.

'Serious physical injury' means a physical injury that creates a substantial risk of death or that causes serious disfigurement or protracted loss or impairment of the function of any part of the body.

In regulation: 'Physical injury' includes any bruising, lacerations, hematomas, welts, permanent or temporary disfigurement or loss or impairment of any bodily function or organ, which may be accompanied by physical pain, illness, or impairment of the child's physical condition. 

Neglect
Citation: Ann. Stat. §§ 210.110; 568.060; Code of Regs. Tit. 13, § 35-31.010

'Neglect' means failure to provide, by those responsible for the care, custody, and control of the child, proper or necessary support; education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being. 

In criminal law: 'Neglect' means the failure to provide, by those responsible for the care, custody, and control of a child younger than age 18, the care reasonable and necessary to maintain the physical and mental health of the child, when such failure presents a substantial probability that death or physical injury or sexual injury would result.

In regulation: 'Proper or necessary support' includes adequate food, clothing, shelter, medical care, or other care and control necessary to provide for the child's physical, mental, or emotional health or development. 

Sexual Abuse/Exploitation
Citation: Ann. Stat. § 210.110; Code of Regs. Tit. 13, § 35-31.010

The term 'abuse' includes sexual abuse. Victims of abuse and neglect also shall include any victims of sex trafficking or severe forms of trafficking, as those terms are defined in Federal law (22 U.S.C. § 7102(9)-(10)).

In regulation: 'Sexual abuse' is any sexual or sexualized interaction with a child. Sexual abuse includes, but is not limited to, the following: 

• Any touching of the genitals, anus, or buttocks of a child, or the breast of a female child, or any such touching through the clothing; any act involving the genitals of a child and the hand, mouth, tongue, or anus of another person; or any sexual act involving the penetration, however slight, of a child's mouth, penis, female genitalia, or anus by any body part of another person or by any instrument or object
• Any conduct that, if the victim is younger than age 18, would constitute the crimes of promoting prostitution, incest, promoting sexual performance by a child, possession of or promoting child pornography, or furnishing pornographic materials to minors
• Sexual exploitation of the child, which includes the following:
  • Allowing, permitting, or encouraging a child to engage in prostitution
  • Allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child 

The Children's Division shall not be required to prove that the alleged perpetrator received sexual gratification or that there was an exchange or promise of anything of value as a result of the act of sexual abuse to establish sexual abuse under State statute. The use of force or coercion is not a necessary element for a finding of sexual abuse. Sexual abuse may occur over or under the child's clothes. The division shall not be required to prove that the child suffered trauma or harm as a result of the act of sexual abuse. 

A child cannot consent to a sexual or sexualized act or interaction with a person responsible for that child's care, custody, and control.

Emotional Abuse
Citation: Ann. Stat. § 210.110; 568.060; Code of Regs. Tit. 13, § 35-31.010

The term 'abuse' includes emotional abuse inflicted on a child by those responsible for the child's care, custody, and control. 

In criminal law: 'Mental injury' means an injury to the intellectual or psychological capacity or the emotional condition of a child, as evidenced by an observable and substantial impairment of the ability of the child to function within their normal range of performance or behavior.

'Serious emotional injury' means an injury that creates a substantial risk of temporary or permanent medical or psychological damage, manifested by impairment of a behavioral, cognitive, or physical condition. Serious emotional injury shall be established by testimony of qualified experts upon the reasonable expectation of probable harm to a reasonable degree of medical or psychological certainty.

In regulation: 'Emotional abuse' is any injury to a child's psychological capacity or emotional stability demonstrated by an observable or substantial change or impairment in the child's behavior, emotional response, or cognition, which may include, but is not limited to, anxiety, depression, withdrawal, or aggressive behavior and which may be established by either lay or expert witnesses. 

Abandonment
Citation: Ann. Stat. §§ 568.030; 568.032

A person commits the offense of abandonment of a child in the first degree if, as a parent, guardian, or other person legally charged with the care or custody of a child younger than age 4, they leave the child in any place with the purpose wholly to abandon the child under circumstances that are likely to result in serious physical injury or death.

A person commits the offense of abandonment of a child in the second degree if, as a parent, guardian, or other person legally charged with the care or custody of a child younger than age 8, they leave the child in any place with the purpose wholly to abandon the child under circumstances which are likely to result in serious physical injury or death.

Standards for Reporting
Citation: Ann. Stat. § 210.115

A report is required when a mandatory reporter has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect or observes a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect. 

Persons Responsible for the Child
Citation: Ann. Stat. § 210.110

The term 'those responsible for the care, custody, and control of the child' includes, but is not limited to, the following: 

• The parents or legal guardians of a child
• Other members of the child's household
• Anyone exercising supervision over a child for any part of a 24-hour day
• Any adult person who has access to the child, based on a relationship to the parents of the child, members of the child's household, or the family
• Any person who takes control of the child by deception, force, or coercion
• School personnel, contractors, and volunteers, if the relationship with the child was established through the school or through school-related activities, even if the alleged abuse or neglect occurred outside of school hours or off school grounds

Exceptions
Citation: Ann. Stat. §§ 210.110; 210.115; Code of Regs. Tit. 13, § 35-31.010

Discipline, including spanking, administered in a reasonable manner, shall not be considered abuse.

A child who does not receive specified medical treatment by reason of the legitimate practice of the religious belief of the child's parents, guardian, or others legally responsible for the child shall not be found to be an abused or neglected child for that reason alone. The division may accept reports concerning such a child and may subsequently investigate or conduct a family assessment as a result of that report. This exception shall not limit the administrative or judicial authority of the State to ensure that medical services are provided to the child when the child's health requires it. 

For the purposes of providing supportive services or verifying the status of a youth as unaccompanied or homeless for the purposes of accessing supportive services, the fact that a child is an unaccompanied youth, as defined in 42 U.S.C. § 11434a(6), is not, in and of itself, a sufficient basis for reporting child abuse or neglect unless the child is under age 16 or is an incapacitated person, as defined in § 475.010. Nothing in this subsection shall limit a mandated reporter from making a report if the mandated reporter knows or has reasonable cause to suspect that an unaccompanied youth has been or may be a victim of abuse or neglect.

In regulation: Any reasonable interaction with a child, including touching a child's body for the purpose of providing the proper or necessary care or support of the child, shall not be considered sexual abuse. The touching of a child's body, including a child's genitals, buttocks, anus, or breasts, for reasonable, medical, child rearing, or child care purposes shall not be considered sexual abuse.