Definitions of Child Abuse and Neglect - Port Gamble S'Klallam Tribe

Physical Abuse
Citation: Tribal Code § 16.02.02

A 'child in need of care' is one who has been physically abused. This term includes the following:

• Any bruising, welting, abrasion, lesions, burns, broken bones, or other damage to the body not clearly caused by pure accident
• A child who has been given inappropriate food, drink, or drugs or a child who is suffering from malnutrition
• Inappropriate punishment

Neglect
Citation: Tribal Code § 16.02.02

A 'child in need of care' is one who has been neglected. This term includes the following:

• A child who is not receiving the food, clothing, shelter, medical care, dental care, education, or supervision needed for their well-being or development
• An infant who is failing to thrive
• A child who is not dressed adequately for weather conditions
• A child who is truant, as defined by the Tribal code
• A child left with a babysitter who is intoxicated, irresponsible, or too young
• A child who lacks parental control because of the habits or faults of the parent(s), guardian, or custodian
• A child who is doing the work of a parent in running a household because the parent refuses or fails to act as a parent or forces the child
• A child exposed to a dangerous situation because of parental negligence
• A child whose parent(s) misuses benefits intended for the child, such as selling or squandering food stamps or commodities
• An unborn child whose mother is using alcohol or illegal drugs
• A nursing child whose mother is using alcohol or other drugs to an extent that the baby may be endangered
• An unborn child whose mother is not receiving adequate prenatal care
• A child who is allowed access to alcohol or other drugs
• A child who is allowed to be out after curfew if the Tribe has established a curfew
• A child who is a runaway
• A child with untreated head lice
• A child who is attempting to live independently but does not have the financial means to care for themself

Sexual Abuse/Exploitation
Citation: 

A 'child in need of care' is one who has been sexually abused. This term includes the following:

• Contacts or interactions between a child and an adult when the child is being used for the sexual stimulation of the perpetrator or another person
• The exposure of the perpetrator's genitals in the presence of a child or any other sexual act, if such exposure or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation, or other similar purpose
• Obscene calls, jokes, peeping, or sexual propositions
• Child pornography or sexual positioning for photos
• Forcing a child to watch sexual acts or sexual violence
• Unwanted hugs, kisses, pinching, or tickling
• French kissing, handling genitals, masturbation, or mouth-to-genital contact
• Oral, anal, or vaginal rape
• Sexual maiming or sexual bondage 

Sexual abuse may also be committed by a person under aged 18 when that person is either significantly older than the victim or when the perpetrator is in a position of power or control over another child.

Emotional Abuse
Citation: Tribal Code § 16.02.02

A 'child in need of care' is one who has been emotionally maltreated. Emotional maltreatment causes impaired psychological growth and development of the child. Both community values and professional expertise should be looked at when deciding whether emotional maltreatment has taken place. 

Some indicators of emotional maltreatment include the following:

• Serious impairment of the child's social relationships, as indicated by very low self-esteem and a consistent pattern of emotional difficulties, such as listlessness, apathy, depression, and self-deprecating remarks
• Serious inability of the child to respond appropriately to the normal behavior of adults (e.g., the child cowers or ingratiates themself to adults)
• The following parental behaviors:
  • Rejection: refusal to accept the child
  • Ignoring: the parent deprives the child of essential responsiveness, which stifles emotional growth and development of the child.
  • Ridicule or terrorizing: verbal assaults creating a climate of fear, bullying the child, name-calling, destroying the child's possessions, or attacking beloved people or pets
  • Isolation: cutting a child off from normal social experiences, preventing a child from forming friendships, or locking a child out of the home or a child who leaves home because of partying in the home
  • Corrupting: teaching a child socially deviant behavior, such as rewarding aggression, delinquency, or sexually precocious behavior
  • Penalizing a child for positive, normal behavior
  • Discouraging the attachment between caregiver and infant
• Exposure to domestic violence in the family: the child observes or overhears violence between members of the family, and/or the child lives in an atmosphere of severe abusive conflict, creating acute or chronic fear in the child.

Abandonment
Citation: Tribal Code § 16.01.01

A child is considered to be 'abandoned' when a parent has not contacted the child by telephone, letter, or in person and has made no provisions for the child's care for more than 1 continuous year.

Standards for Reporting
Citation: Tribal Code § 16.02.03

A report is required when a mandatory reporter has reason to believe that a child has been abused and neglected.

Persons Responsible for the Child
Citation: Tribal Code § 16.02.02

A 'person responsible for the child' includes the child's parent(s), guardian, or custodian.

Exceptions

No exceptions are specified in the Tribal code.