Current Through February 2016

Physical Abuse

Citation: Ann. Stat. § 38-2202‘ Physical, mental, or emotional abuse’ means the infliction of physical, mental, or emotional harm, or the causing of a deterioration of a child, and may include, but shall not be limited to, maltreatment or exploiting a child to the extent that the child’s health or emotional well-being is endangered.

‘Harm‘ means physical or psychological injury or damage.

Neglect

Citation: Ann. Stat. § 38-2202‘Neglect’ means acts or omissions by a parent, guardian, or person responsible for the care of a child that results in harm to a child or presents a likelihood of harm, and the acts or omissions are not due solely to the lack of financial means of the child’s parents or other custodian. Neglect may include but shall not be limited to:

• Failure to provide the child with food, clothing, or shelter necessary to sustain life or health
• Failure to provide adequate supervision of a child or to remove a child from a situation that requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities and that results in bodily injury or a likelihood of harm to the child
• Failure to use resources available to treat a diagnosed medical condition if such treatment will make a child substantially more comfortable, reduce pain and suffering, or correct or substantially diminish a crippling condition from worsening

Sexual Abuse/Exploitation

Citation: Ann. Stat. § 38-2202  ‘Sexual abuse’ means any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child, or another person. Sexual abuse includes allowing, permitting, or encouraging a child to engage in prostitution or to be photographed, filmed, or depicted in pornographic material. ‘Sexual abuse’ also shall include allowing, permitting, or encouraging a child to engage in aggravated human trafficking, as defined § 21-5426(b), if committed in whole or in part for the purpose of the sexual gratification of the offender or another.

Emotional Abuse

Citation: Ann. Stat. § 38-2202  The term ‘physical, mental, or emotional abuse’ includes the infliction of physical, mental, or emotional harm or the causing of a deterioration of a child and may include, but is not limited to, maltreatment or exploiting a child to the extent that the child’s health or emotional well-being is endangered.

‘Harm‘ means physical or psychological injury or damage.

Abandonment

Citation: Ann. Stat. § 38-2202
‘Abandon’ or ‘abandonment’ means to forsake, desert, or cease providing care for the child without making appropriate provisions for substitute care.

Standards for Reporting

Citation: Ann. Stat. § 38-2223
A report is required when a mandatory reporter has reason to suspect that a child has been harmed as a result of physical, mental, or emotional abuse or neglect, or sexual abuse.

Persons Responsible for the Child

Citation: Ann. Stat. § 38-2202  A responsible person includes a parent, guardian, or person responsible for the care of a child.

The term ‘parent,’ when used in relation to a child or children, includes a guardian and every person who is by law liable to maintain, care for, or support the child.

Exceptions

Citation: Ann. Stat. § 38-2202  A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent. This exception shall not preclude a court from ordering medical treatment for the child.

Current Through August 2017

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 60-3102  ‘Abuse’ means the occurrence of one or more of the following acts between intimate partners or household members:

• Intentionally attempting to cause bodily injury, or intentionally or recklessly causing bodily injury
• Intentionally placing, by physical threat, another in fear of imminent bodily injury
• Engaging in any sexual contact or attempted sexual contact with another person without consent or when such person is incapable of giving consent
• Engaging in any of the following acts with a minor under age 16 who is not the spouse of the offender:
  • The act of sexual intercourse
  • Any lewd fondling or touching of the person of either the minor or the offender, done or submitted to with the intent to arouse or to satisfy the sexual desires of either the minor or the offender, or both

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. § 21-5414  The term ‘domestic battery’ means:

• Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member
• Knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner

The term ‘aggravated domestic battery’ means:

• Knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck, or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner
• Knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting, or angry manner

Persons Included in the Definition

Citation: Ann. Stat. §§ 21-5414; 60-3102  In criminal law: ‘Family or household member’ means persons age 18 or older who are any of the following:

• Spouses or former spouses
• Parents or stepparents and children or stepchildren
• Persons who are presently residing together or who have resided together in the past
• Persons who have a child in common regardless of whether they have been married or have lived together at any time

‘Family or household member’ also includes a man and woman if the woman is pregnant and the man is alleged to be the father regardless of whether they have been married or have lived together at any time.

In civil law: ‘Intimate partners or household members’ means persons who are or have been in a dating relationship, persons who reside together or who have formerly resided together, or persons who have had a child in common.

In civil and criminal law: ‘Dating relationship’ means a social relationship of a romantic nature. A dating relationship shall be presumed if a plaintiff verifies that such relationship exists. In addition to any other factors the court deems relevant, the court shall consider the following factors in making a determination of whether a relationship exists or existed:

• The nature of the relationship
• The length of time the relationship existed
• The frequency of interaction between the parties
• The time since termination of the relationship, if applicable