Child Abuse Prevention

Neglect is the failure of a parent or other caregiver to provide for a child’s basic needs. Neglect generally includes the following categories: ƒ

• Physical (e.g., failure to provide necessary food or shelter, lack of appropriate supervision) ƒ
• Medical (e.g., failure to provide necessary medical or mental health treatment, withholding medically indicated treatment from children with life-threatening conditions)* ƒ
• Educational (e.g., failure to educate a child or attend to special education needs) ƒ
• Emotional (e.g., inattention to a child’s emotional needs, failure to provide psychological care, permitting a child to use alcohol or other drugs)

Sometimes cultural values, the standards of care in the community, and poverty may contribute to what is perceived as maltreatment, indicating the family may need information or assistance. It is important to note that living in poverty is not considered child abuse or neglect. However, a family’s failure to use available information and resources to care for their child may put the child’s health or safety at risk, and child welfare intervention could be required. In addition, many States provide an exceptionto the definition of neglect for parents who choose not to seek medical care for their children due to religious beliefs.**

*Although it can apply to children of any age, withholding of medically indicated treatment is a form of medical neglect that is defined by CAPTA as “the failure to respond to…life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions…” CAPTA does note a few exceptions, including infants who are “chronically and irreversibly comatose,” situations when providing treatment would not save the infant’s life but merely prolong dying, or when “the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane.”

** The CAPTA amendments of 1996 (42 U.S.C. § 5106i) added new provisions specifying that nothing in the act be construed as establishing a Federal requirement that a parent or legal guardian provide any medical service or treatment that is against the religious beliefs of the parent or legal guardian.

Sexual abuse includes activities by a parent or other caregiver such as fondling a child’s genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials. Sexual abuse is defined by CAPTA as “the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or the rape, and in cases of caretaker or interfamilial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children”(42 U.S.C. § 5106g(a)(4))

Emotional abuse (or psychological abuse) is a pattern of behavior that impairs a child’s emotional development or sense of self-worth. This may include constant criticism, threats, or rejection as well as withholding love, support, or guidance. Emotional abuse is often difficult to prove, and, therefore, child protective services may not be able to intervene without evidence of harm or mental injury to the child (Prevent Child Abuse America, 2016).

Abandonment is considered in many States as a form of neglect. In general, a child is considered to be abandoned when the parent’s identity or whereabouts are unknown, the child has been left alone in circumstances where the child suffers serious harm, the child has been deserted with no regard for his or her health or safety, or the parent has failed to maintain contact with the child or provide reasonable support for a specified period of time. Some States have enacted laws—often called safe haven laws—that provide safe places for parents to relinquish newborn infants. Information Gateway produced a publication as part of its State Statutes series that summarizes such laws. Infant Safe Haven Laws is available at https://www.childwelfare.gov/topics/systemwide/ laws-policies/statutes/safehaven/.

Parental substance use is included in the definition of child abuse or neglect in many States. Related circumstances that are considered abuse or neglect in some States include the following:

• Exposing a child to harm prenatally due to the mother's use of legal or illegal drugs or other substances
• Manufacturing methamphetamine in the presence of a child
• Selling, distributing, or giving illegal drugs or alcohol to a child
• Using a controlled substance that impairs the caregiver's ability to adequately care for the child

For more information about this issue, see Information Gateway's Parental Substance Use as Child Abuse at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/parentalsubstanceuse/

Human trafficking is considered a form of modern slavery and includes both sex trafficking and labor trafficking. Sex trafficking is recruiting, harboring, transporting, providing, or obtaining someone for a commercial sex act, such as prostitution, pornography, or stripping. Labor trafficking is forced labor, including drug dealing, begging, or working long hours for little pay (Child Welfare Information Gateway, 2018). Although human trafficking includes victims of any sex, age, race/ethnicity, or socioeconomic status, children involved in child welfare, including children who are in out-of-home care, are especially vulnerable (Child Welfare Information Gateway, 2018).

For more information, see Information Gateway's webpage on human trafficking at https://www.childwelfare.gov/topics/systemwide/trafficking/ and the State statutes on the definitions of human trafficking at https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/definitions-trafficking/.