Idaho Definition of Child Abuse and Neglect

Physical Abuse: Citation: Idaho Code § 16-1602
'Abused' means any case in which a child has been the victim of conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive, or death, and such condition or death is not justifiably explained; the history given concerning such condition or death is at variance with the degree or type of such condition or death; or the circumstances indicate that such condition or death may not be the product of an accidental occurrence.

Neglect: Citation: Idaho Code § 16-1602
'Neglected' means a child:

  • Who is without proper parental care and control, subsistence, medical, or other care necessary for his or her well-being because of the conduct or omission of his or her parents, guardian, or other custodian, or their neglect or refusal to provide them
  • Whose parents, guardian, or other custodian is unable to discharge his or her responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his or her health, safety, or well-being
  • Who has been placed for care or adoption in violation of the law
  • Who is without proper education because of the failure to comply with § 33-202

Sexual Abuse/Exploitation: Citation: Idaho Code § 16-1602
The term 'abused' applies to any case in which a child has been the victim of sexual conduct, including rape, molestation, incest, prostitution, obscene or pornographic photographing, filming or depiction for commercial purposes, or other similar forms of sexual exploitation that harms or threatens the child's health, welfare, or mental health.

Emotional Abuse: Citation: Idaho Code § 16-1602
'Mental injury' means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.

Abandonment: Citation: Idaho Code § 16-1602
'Abandoned' means the failure of the parent to maintain a normal parental relationship with his or her child, including but not limited to reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of 1 year shall constitute prima facie evidence of abandonment.

Standards for Reporting: Citation: Idaho Code § 16-1605
A report is required when there is reason to believe that a child younger than age 18 has been abused, abandoned, or neglected.

Persons Responsible for the Child: Citation: Idaho Code § 16-1602
'Responsible persons' include the parent, guardian, or other custodian.

Exceptions: Citation: Idaho Code § 16-1602
No child whose parent chooses for the child treatment by prayers through spiritual means in lieu of medical treatment shall be deemed for that reason alone to be neglected. This exception shall not prevent the court from ordering emergency medical treatment when the child's life is endangered.