Federal and State of Pennsylvania Definitions Of Child Abuse And Neglect

How To Get Your Children Back In Juvenile or Family Court

 

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The legal definition of ‘Harm’:

Harm means any injury, loss or damage. It can also be any material or tangible detriment. There are different types of harm like accidental harm-where the injury or damage is not caused by a tortious act; bodily harm-where there is some physical pain, illness, or impairment to the body.

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. The minimum harm done, or will be done to your child/ren MUST be SERIOUS.

Definitions of Child Abuse (as listed in the Pennsylvania Child Protective Services Law)

(b.1) Child abuse.–The term “child abuse” shall mean intentionally,
knowingly or recklessly doing any of the following:
(1) Causing bodily injury to a child through any recent act or failure
to act.
(2) Fabricating, feigning or intentionally exaggerating or inducing a
medical symptom or disease which results in a potentially harmful medical
evaluation or treatment to the child through any recent act.
(3) Causing or substantially contributing to serious mental injury to a
child through any act or failure to act or a series of such acts or failures
to act.
(4) Causing sexual abuse or exploitation of a child through any act or
failure to act.
(5) Creating a reasonable likelihood of bodily injury to a child through
any recent act or failure to act.
(6) Creating a likelihood of sexual abuse or exploitation of a child
through any recent act or failure to act.
(7) Causing serious physical neglect of a child.
(8) Engaging in any of the following recent acts:
(i) Kicking, biting, throwing, burning, stabbing or cutting a child in a
manner that endangers the child.
(ii) Unreasonably restraining or confining a child, based on
consideration of the method, location or the duration of the restraint or
confinement.
(iii) Forcefully shaking a child under one year of age.
(iv) Forcefully slapping or otherwise striking a child under one year of
age.
(v) Interfering with the breathing of a child.
(vi) Causing a child to be present at a location while a violation of 18
Pa.C.S. § 7508.2 (relating to operation of methamphetamine laboratory) is
occurring, provided that the violation is being investigated by law
enforcement.
(vii) Leaving a child unsupervised with an individual, other than the
child’s parent, who the actor knows or reasonably should have known:
(A) Is required to register as a Tier II or Tier III sexual offender
under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual
offenders), where the victim of the sexual offense was under 18 years of age
when the crime was committed.
(B) Has been determined to be a sexually violent predator under 42
Pa.C.S. § 9799.24 (relating to assessments) or any of its predecessors.
(C) Has been determined to be a sexually violent delinquent child as
defined in 42 Pa.C.S. § 9799.12 (relating to definitions).
(9) Causing the death of the child through any act or failure to act.

Additional Definitions:

“Bodily injury.” Impairment of physical condition or substantial pain.

“Serious bodily injury.” Bodily injury which creates a substantial risk
of death or which causes serious permanent disfigurement or protracted loss
or impairment of function of any bodily member or organ.

“Serious mental injury.” A psychological condition, as diagnosed by a
physician or licensed psychologist, including the refusal of appropriate
treatment, that:
(1) renders a child chronically and severely anxious, agitated,
depressed, socially withdrawn, psychotic or in reasonable fear that the
child’s life or safety is threatened; or
(2) seriously interferes with a child’s ability to accomplish ageappropriate
developmental and social tasks.
“Serious physical injury.” (Deleted by amendment).
“Serious physical neglect.” Any of the following when committed by a
perpetrator that endangers a child’s life or health, threatens a child’s
well-being, causes bodily injury or impairs a child’s health, development or
functioning:
(1) A repeated, prolonged or egregious failure to supervise a child in a
manner that is appropriate considering the child’s developmental age and
abilities.
(2) The failure to provide a child with adequate essentials of life,
including food, shelter or medical care.
“Sexual abuse or exploitation.” Any of the following:
(1) The employment, use, persuasion, inducement, enticement or coercion
of a child to engage in or assist another individual to engage in sexually
explicit conduct, which includes, but is not limited to, the following:
(i) Looking at the sexual or other intimate parts of a child or another
individual for the purpose of arousing or gratifying sexual desire in any
individual.
(ii) Participating in sexually explicit conversation either in person,
by telephone, by computer or by a computer-aided device for the purpose of
sexual stimulation or gratification of any individual.
(iii) Actual or simulated sexual activity or nudity for the purpose of
sexual stimulation or gratification of any individual.
(iv) Actual or simulated sexual activity for the purpose of producing
visual depiction, including photographing, videotaping, computer depicting or
filming.
This paragraph does not include consensual activities between a child who is
14 years of age or older and another person who is 14 years of age or older
and whose age is within four years of the child’s age.
(2) Any of the following offenses committed against a child:
(i) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape).
(ii) Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1
(relating to statutory sexual assault).
(iii) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. §
3123 (relating to involuntary deviate sexual intercourse).
(iv) Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to
sexual assault).
(v) Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2
(relating to institutional sexual assault).
(vi) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125
(relating to aggravated indecent assault).
(vii) Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to
indecent assault).
(viii) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to
indecent exposure).
(ix) Incest as defined in 18 Pa.C.S. § 4302 (relating to incest).
(x) Prostitution as defined in 18 Pa.C.S. § 5902 (relating to
prostitution and related offenses).
(xi) Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual
abuse of children).
(xii) Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318
(relating to unlawful contact with minor).
(xiii) Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to
sexual exploitation of children).