Definitions of Child Abuse and Neglect - Penobscot Nation

Physical Abuse
Citation: Tribal Code Ch. 15, Subch. 1, § 2

'Abuse or neglect' means a threat to a child's health or welfare by physical injury or impairment.

'Jeopardy' means serious abuse or neglect that creates a threat of serious harm, as evidenced by either of the following:

• Serious harm or threat of serious harm
• Prenatal drug exposure

'Serious harm' means serious injury or impairment.

Neglect
Citation: Tribal Code Ch. 15, Subch. 1, § 2

'Abuse or neglect' means a threat to a child's health or welfare through deprivation of essential needs, lack of protection, or failure to ensure compliance with Penobscot Nation school attendance requirements.

'Jeopardy' means serious abuse or neglect that creates a threat of serious harm, as evidenced by any of the following: 

• Deprivation of adequate food, clothing, shelter, supervision, or care
• Deprivation of education when the child is at least aged 7 or has not completed grade 6
• Deprivation of necessary health care when deprivation places the child in danger of serious harm
• Prenatal drug exposure
• Abandonment of the child or absence of any person responsible for the child

Sexual Abuse/Exploitation
Citation: Tribal Code Ch. 15, Subch. 1, § 2

The term 'abuse or neglect' includes a threat to a child's health or welfare by sexual abuse or exploitation (including human and sex trafficking.

The term 'serious harm' includes sexual abuse or exploitation.

Emotional Abuse
Citation: Tribal Code Ch. 15, Subch. 1, § 2 

'Abuse or neglect' means a threat to a child's health or welfare by mental or emotional injury or impairment.

The term 'serious harm' includes serious mental or emotional injury or impairment, which now or in the future is likely to be evidenced by a serious mental, behavioral, or personality disorder, including severe anxiety, depression, or withdrawal; untoward aggressive behavior; seriously delayed development; or similar serious dysfunctional behavior.

Abandonment
Citation: Tribal Code Ch. 15, Subch. 1, § 2

'Abandonment' means any conduct on the part of the parent showing intent to forgo parental duties or relinquish parental claims. The intent may be evidenced by any of the following: 

• Failure, for a period of at least 6 months, to communicate meaningfully with the child
• Failure, for a period of at least 3 months, to maintain regular visitation with the child
• Failure to participate in any plan or program designed to reunite the parent with the child
• Deserting the child without affording means of identifying the child and parent or custodian
• Failure to respond to notice of child protective proceedings
• Any other conduct indicating intent to forgo parental duties or relinquish parental claims

Standards for Reporting
Citation: Tribal Code Ch. 15, Subch. 2, § 1

A report is required when a mandatory reporter, while acting in a professional capacity and as a member, official, employee, or agent of the Penobscot Nation, when the person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected.

Persons Responsible for the Child
Citation: Tribal Code Ch. 15, Subch. 1, § 2

'Person responsible for the child' means a person with responsibility for a child's health or welfare, whether in the child's home or another home or a facility, which, as part of its function, provides care for the child, including the child's custodian.

Exceptions

No exceptions are specified in the Tribal code.