Federal And State of Arizona Definitions of Child Abuse And Neglect

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Federal Definition of Child Abuse and Neglect

Federal legislation provides guidance to States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

  • “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation”; or
  • “An act or failure to act which presents an imminent risk of serious harm.”

This definition of child abuse and neglect refers specifically to parents and other caregivers. A “child” under this definition generally means a person who is younger than age 18 or who is not an emancipated minor.

While CAPTA provides definitions for sexual abuse and the special cases of neglect related to withholding or failing to provide medically indicated treatment, it does not provide specific definitions for other types of maltreatment such as physical abuse, neglect, or emotional abuse. While Federal legislation sets minimum standards for States that accept CAPTA funding, each State provides its own definitions of maltreatment within civil and criminal statutes.

 

Did you notice that Federal law states that in order for the state to take your child/ren…..the harm must have been SERIOUS or the harm coming soon must be SERIOUS.

 

Arizona Definitions of Child Abuse and Neglect

Current Through February 2016

Physical Abuse

‘Abuse’ means:

  • Inflicting or allowing physical injury, impairment of bodily function, or disfigurement
  • Physical injury that results from permitting a child to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug
  • Unreasonable confinement of a child

‘Serious physical injury‘ means an injury that is diagnosed by a medical doctor and that does any one or a combination of the following:

  • Creates a reasonable risk of death
  • Causes serious or permanent disfigurement
  • Causes significant physical pain
  • Causes serious impairment of health
  • Causes the loss or protracted impairment of an organ or limb
  • Is the result of sexual abuse, sexual conduct with a minor, sexual assault, molestation of a child, child prostitution, commercial sexual exploitation of a minor, sexual exploitation, or incest

Neglect

‘Neglect’ or ‘neglected’ means:

  • The inability or unwillingness of a parent, guardian, or custodian of a child to provide that child with supervision, food, clothing, shelter, or medical care, if that inability or unwillingness causes unreasonable risk of harm to the child’s health or welfare
  • Permitting a child to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person for the purposes of manufacturing a dangerous drug
  • A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in § 13-3401 and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional
  • A diagnosis by a health professional of an infant under age 1 with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects

The determination by a health professional of prenatal exposure to a controlled substance shall be based on one or more of the following:

  • Clinical indicators in the prenatal period, including maternal and newborn presentation
  • History of substance use or abuse
  • Medical history
  • Results of a toxicology or other laboratory test on the mother or the newborn infant

Sexual Abuse/Exploitation

The term ‘abuse’ includes:

  • Inflicting or allowing sexual abuse
  • Sexual conduct with a minor
  • Sexual assault
  • Molestation of a child
  • Commercial sexual exploitation of a minor
  • Sexual exploitation of a minor
  • Incest
  • Child prostitution

The term ‘neglect’ includes:

  • Deliberate exposure of a child by a parent, guardian, or custodian to sexual conduct, as defined in § 13-3551; sexual contact; oral sexual contact; sexual intercourse; bestiality; or explicit sexual materials
  • Any of the following acts committed by the child’s parent, guardian, or custodian with reckless disregard as to whether the child is physically present:
    • Sexual contact
    • Oral sexual contact
    • Sexual intercourse
    • Bestiality

Emotional Abuse

The term ‘abuse’ includes inflicting or allowing another person to cause serious emotional damage to a child, as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior, and such emotional damage is diagnosed by a medical doctor or psychologist, and the damage has been caused by the acts or omissions of an individual having care, custody, and control of a child.

‘Serious emotional injury’ means an injury that is diagnosed by a medical doctor or a psychologist and that does any one or a combination of the following:

  • Seriously impairs mental faculties
  • Causes serious anxiety, depression, withdrawal, or social dysfunction behavior to the extent that the child suffers dysfunction that requires treatment
  • Is the result of sexual abuse, sexual conduct with a minor, sexual assault, molestation of a child, child prostitution, commercial sexual exploitation of a minor, sexual exploitation of a minor, or incest

Abandonment

Citation: Rev. Stat. § 8-201
‘Abandoned’ means:

  • The failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision
  • That a parent has made only minimal efforts to support and communicate 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: Rev. Stat. § 13-3620
A report is required when a mandatory reporter reasonably believes that a child is or has been the victim of physical injury, abuse or child abuse, a reportable offense (including child pornography, child prostitution, or incest), or neglect that appears to have been inflicted on the child by other than accidental means or that is not explained by the available medical history as being accidental in nature, or the person reasonably believes there has been a denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of an infant.

Persons Responsible for the Child

Responsible persons include:

  • The parent
  • A person having care, custody, and control of a child

Exceptions

A dependent child does not include a child who, in good faith, is being furnished Christian Science treatment by a duly accredited practitioner.

A child is not considered neglected if a parent’s inability to meet the needs of the child is due solely to the unavailability of reasonable services.

Definitions of Domestic Violence

To better understand this issue and to view it across States, download the PDF (533 KB) of this publication.

Current Through August 2017

Defined in Domestic Violence Civil Laws

‘Domestic violence’ means attempting to cause or causing bodily injury to a family or household member or placing a family or household member by threat of force in fear of imminent physical harm.

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

‘Domestic violence’ means any act that constitutes one of the following offenses:

  • A dangerous crime against children
  • Homicide, murder, or manslaughter
  • Endangerment
  • A threatening or intimidating act
  • Assault
  • Custodial interference
  • Unlawful imprisonment or kidnapping
  • Sexual assault
  • Criminal trespass
  • Criminal damage
  • Interfering with judicial proceedings
  • Disorderly conduct
  • Cruelty to animals
  • Intentionally preventing the use of a telephone by another person during an emergency
  • Use of an electronic communication to terrify, intimidate, threaten, harass, annoy, or offend
  • Harassment
  • Aggravated harassment
  • Stalking
  • Aggravated domestic violence
  • Surreptitious photographing, videotaping, or filming
  • Child or vulnerable adult abuse
  • Emotional abuse

Persons Included in the Definition

In criminal law: An act listed above is considered domestic violence if any of the following applies:

  • The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
  • The victim and the defendant have a child in common.
  • The victim or the defendant is pregnant by the other party.
  • The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, stepgrandparent, stepchild, stepgrandchild, brother-in-law, or sister-in-law.
  • The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
  • The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
    • The type of relationship
    • The length of the relationship
    • The frequency of the interaction between the victim and the defendant
    • If the relationship has terminated, the length of time since the termination

In civil law: ‘Family or household member’ means a spouse, a former spouse, a parent, a child, or other adult person related by consanguinity or affinity who is residing or has resided in the household, or has a child or children in common with the person committing the domestic violence, and dependents of such persons.

Parental Drug Use as Child Abuse

Current Through April 2015

For the purposes of subsections A and B of this section, the terms ‘endangered’ and ‘abuse’ include, but are not limited to, circumstances in which a child or vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug in violation of § 13-3407(A)(3) or (4).

Notwithstanding any other provision of this section, a violation committed under circumstances described in this subsection does not require that a person have care or custody of the child or vulnerable adult.

The term ‘abuse‘ includes physical injury that results from permitting a child to enter or remain in any structure or vehicle in which volatile, toxic, or flammable chemicals are found or equipment is possessed by any person for the purpose of manufacturing a dangerous drug as defined in § 13-3401.

‘Neglect’ or ‘neglected’ means:

  • Permitting a child to enter or remain in any structure or vehicle in which volatile, toxic or flammable chemicals are found or equipment is possessed by any person for the purposes of manufacturing a dangerous drug as defined in § 13-3401
  • A determination by a health professional that a newborn infant was exposed prenatally to a drug or substance listed in § 13-3401, and that this exposure was not the result of a medical treatment administered to the mother or the newborn infant by a health professional. This subdivision does not expand a health professional’s duty to report neglect based on prenatal exposure to a drug or substance listed in § 13-3401 beyond the requirements prescribed pursuant to § 13-3620(E). The determination by the health professional shall be based on one or more of the following:
    • Clinical indicators in the prenatal period including maternal and newborn presentation
    • History of substance use or abuse
    • Medical history
    • The results of a toxicology or other laboratory test on the mother or the newborn infant
    • A diagnosis by a health professional of an infant under age 1 with clinical findings consistent with fetal alcohol syndrome or fetal alcohol effects

A health-care professional who, after a routine newborn physical assessment of a newborn infant’s health status or following notification of positive toxicology screens of a newborn infant, reasonably believes that the newborn infant may be affected by the presence of alcohol or a drug listed in § 13-3401 shall immediately report this information, or cause a report to be made, to the Department of Child Safety. For the purposes of this subsection, ‘newborn infant’ means a newborn infant who is under 30 days of age.