Definitions of Child Abuse and Neglect - Salt River Pima-Maricopa

Physical Abuse
Citation: Tribal Code § 11-2

Abuse means the infliction or allowing of physical injury, impairment of bodily function, or disfigurement and which damage is caused by the acts or omissions of an individual having care, custody, and control of a child. The term 'abuse' shall include inflicting or allowing sexual abuse or sexual conduct or contact with a child, as provided in chapter 6, article IV, division 2, Sexual Contact With Children.

Neglect
Citation: Tribal Code § 11-2

The term 'dependent' child means either of the following: 

• A child who is adjudicated to be in need of proper and effective parental care and control and has no parent, guardian, or custodian, or one who has no parent, guardian, or custodian willing to exercise or capable of exercising such care and control
• A child who is adjudicated to be destitute or who is not provided with the necessities of life, including adequate food, clothing, shelter, or medical care, or whose home is unfit by reason of abuse, neglect, cruelty, or depravity by a parent, guardian, custodian, or any other person having custody or care of the child

Neglect means the refusal or failure of a parent, guardian, or custodian to provide adequate food, clothing, shelter, medical care, education, or supervision necessary for the health and well-being of the child. The term 'neglect' includes abandoned children.

Sexual Abuse/Exploitation
Citation: Tribal Code Ch. 6, Art. IV, Div. 2 (§§ 6-86 through 6-90)

A person who intentionally or knowingly engages in sexual contact with a child who is at least 4 years younger than the person shall be deemed guilty of sexual contact with a child. 'Sexual contact' means any touching or manipulating of any part of the genitals, anus, or female breast by any part of the body or by an object, for the purpose of gratifying sexual desire of either party.

A person commits 'sexual abuse of a child' by either of the following:

• Knowingly engaging in sexual intercourse or oral sexual contact with a child who is under age 14
• Knowingly engaging in sexual intercourse or oral sexual contact with a child who has reached age 14 and is at least 4 years younger than the person so engaging or by attempting to do so

A person who, over a period of 3 months or more in duration, engages in 3 or more acts of sexual contact, sexual intercourse, or oral sexual contact with a child under age 14 shall be deemed guilty of 'continuous sexual abuse of a child.'

A person who causes any child to engage in prostitution; uses any child for purposes of prostitution; or permits any child under their care, custody, or control to engage in prostitution shall be deemed guilty of 'child prostitution.'

Emotional Abuse
Citation: Tribal Code § 11-2

The term 'abuse' includes the infliction of or allowing another person to cause serious emotional damage, as evidenced by severe anxiety, depression, withdrawal, or aggressive behavior and which emotional damage is caused by the acts or omissions of an individual having care, custody, and control of a child.

Abandonment
Citation: Tribal Code § 11-2

The term 'abandon' means when a parent, guardian, or custodian leaves a child and fails to provide reasonable support and maintain regular contact with the child. 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.

Standards for Reporting
Citation: Tribal Code § 11-156

A report is required when a mandatory reporter knows or has reasonable cause to suspect that a child has been physically or sexually abused, neglected, or emotionally maltreated.

Persons Responsible for the Child
Citation: Tribal Code § 11-2

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

Exceptions

No exceptions are specified in the Tribal code.