Child abuse and neglect are defined by both state laws and by the federal government. Through the federal legislation of the Child Abuse Prevention and Treatment Act (CAPTA) child abuse was defined nationally and the states were given a statutory minimum standard for the definition of child abuse and neglect. Criminal codes vary from state to state, so the specific definitions of child abuse can vary. Through CAPTA, the federal government set forth the following definition of child abuse:

“An act or failure to act on the part of a parent or caretaker that results in the death, serious physical or emotional harm, sexual abuse, or exploitation of a child, or which places the child in an imminent risk of serious harm.”

Child abuse is a general term for the four major types of mistreatment of children. These four types of mistreatment are neglect, physical abuse, emotional abuse and sexual abuse. Some states have also set out definitions for abandonment or substance abuse related child abuse.

Neglect is a when a parent, guardian or caretaker fails to provide basic human necessities for the child, such as lack of food, shelter, medical care or supervision. Many states also include the failure to provide educational services to the child as neglect.

Physical abuse is a non-accidental injury to a child, such as shaking a baby, hitting, kicking, or burning. Physical abuse results in any kind of physical impairment to the child. Some states have also included threats of violence to the child as physical abuse.

Emotional abuse is in many states included in the neglect definitions. But it generally means that the child’s emotional state or physiological well being has been injured, creating an observable change in the child’s behavior.

Sexual abuse is defined by all states in their definitions of child abuse. Some states are explicit in their definitions. Other states include child sexual exploitation, such as entering a child into prostitution.

Because children are often unable to defend themselves from child abuse and are incapable of getting help on their own, the states have provided standards that must be followed for reporting suspected child abuse. Doctors and school personnel for example, are required by law to report suspected child abuse to the appropriate authorities. All states have agencies that investigate child abuse and assign social workers or case workers to determine if a crime has been committed and to protect the child from any further abuse.

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