Definitions of Child Abuse and Neglect - Navajo Nation

Physical Abuse
Citation: Tribal Code Tit. 9, Ch. 11, § 1002

'Abuse' means the infliction of physical, emotional, or mental injury on a child and shall include failing to maintain reasonable care and treatment or exploiting or overworking a child to such an extent that his or her health, morals, or emotional well-being is endangered.

'Dependent child' means a child to whom either of the following apply:

• Who has been physically abused by their parent, guardian, or custodian
• Whose parent(s), guardian, or custodian has knowingly, intentionally, or negligently tortured, cruelly confined, or cruelly punished them

Neglect
Citation: Tribal Code Tit. 9, Ch. 11, § 1002

'Dependent child' means a child to whom any of the following apply:

• Who is without proper parental care and control or whose subsistence, education, medical, or other care or control necessary for their well-being is inadequate because of the faults or habits of their parents, guardian, or custodian or their neglect or refusal, when able to do so, to provide for the child's needs
• Whose parent(s), guardian, or custodian is unable to discharge their responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity
• Who has been placed for care or adoption in violation of Navajo law, the Federal Indian Child Welfare Act, or other Federal law
• Whose parent(s), guardian, or custodian has knowingly, intentionally, or negligently placed the child in a situation that may endanger their life or health

Sexual Abuse/Exploitation
Citation: Tribal Code Tit. 9, Ch. 11, § 1002

'Dependent child' means a child to whom either of the following apply:

• Who has been sexually abused by their parent, guardian, or custodian
• Who has been sexually exploited by their parent(s), guardian, or custodian

Emotional Abuse
Citation: Tribal Code Tit. 9, Ch. 11, § 1002

'Abuse' means the infliction of emotional or mental injury on a child.

'Dependent child' means a child who has been emotionally or psychologically abused by their parent, guardian, or custodian. 

Abandonment
Citation: Tribal Code Tit. 9, Ch. 11, § 1002

'Abandoned' means the failure of the parent to provide reasonable support and maintain regular contact with the child, including the provision of adequate supervision. Failure to maintain a normal parental relationship with the child without just cause for a period of 6 months shall constitute prima facie evidence of abandonment. 

'Dependent child' means a child who has been abandoned by their parents, guardian, or custodian.

Standards for Reporting
Citation: Tribal Code Tit. 9, Ch. 11, § 1123

A report is required when a mandatory reporter or any other person has reason to believe that serious injury or injuries have been inflicted upon the child due to abuse, neglect, or starvation.

Persons Responsible for the Child
Citation: Tribal Code Tit. 9, Ch. 11, § 1002

'Persons responsible for the child' include the child's parents, guardian, or custodian.

Exceptions
Citation: Tribal Code Tit. 9, Ch. 11, § 1002

Custody with extended family members or voluntary consent to placement does not constitute abandonment.