Main Definition of Child Abuse and Neglect

Physical Abuse: Citation: Ann. Stat. Tit. 22, § 4002
'Abuse or neglect' means a threat to a child's health or welfare by physical, mental, or emotional injury or impairment, sexual abuse or exploitation, deprivation of essential needs, or lack of protection from these, or failure to ensure compliance with school attendance requirements under Title 20-A, § 3272(2)(B), or § 5051-A(1)(C), by a person responsible for the child.

'Jeopardy to health or welfare' or 'jeopardy' means serious abuse or neglect, as evidenced by serious harm or threat of serious harm.

'Serious harm' means serious injury. 'Serious injury' means serious physical injury or impairment.

Neglect: Citation: Ann. Stat. Tit. 22, § 4002
'Abuse or neglect' means a threat to a child's health or welfare by deprivation of essential needs or lack of protection by a person responsible for the child.

'Jeopardy to health or welfare' or 'jeopardy' means serious abuse or neglect as evidenced by:

  • Deprivation of adequate food, clothing, shelter, supervision, care, or education when the child is at least age 7 and has not completed grade 6
  • Deprivation of necessary health care when the deprivation places the child in danger of serious harm
  • Abandonment of the child or absence of any person responsible for the child that creates a threat of serious harm
  • The end of voluntary placement, when the imminent return of the child to his or her custodian causes a threat of serious harm

Sexual Abuse/Exploitation: Citation: Ann. Stat. Tit. 22, § 4002
The term 'abuse or neglect' includes a threat to a child's health or welfare by sexual abuse or exploitation by a person responsible for the child.

'Serious harm' includes sexual abuse or exploitation.

Emotional Abuse: Citation: Ann. Stat. Tit. 22, § 4002
The term 'abuse or neglect' includes a threat to a child's health or welfare by mental or emotional injury or impairment by a person responsible for the child.

'Serious harm' includes serious mental or emotional injury or impairment that now or in the future is likely to be evidenced by serious mental, behavioral, or personality disorder, including severe anxiety, depression, withdrawal, untoward aggressive behavior, seriously delayed development, or similar serious dysfunctional behavior.

Abandonment: Citation: Ann. Stat. Tit. 22, § 4002
'Abandonment' means any conduct on the part of the parent that shows an intent to forgo parental duties or relinquish parental claims. The intent may be evidenced by:

  • Failure to communicate meaningfully or to maintain regular visitation with the child for a period of at least 6 months
  • Failure to participate in any plan or program designed to reunite the parent with the child
  • Deserting the child without affording means of identifying the child and his or her parent or custodian
  • Failure to respond to notice of child protective proceedings
  • Any other conduct indicating an intent to forgo parental duties or relinquish parental claims

'Jeopardy to health or welfare' or 'jeopardy' includes abandonment of the child or absence of any person responsible for the child that creates a threat of serious harm.

Standards for Reporting: Citation: Ann. Stat. Tit. 22, § 4011-A
A report is required when a person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected.

Persons Responsible for the Child: Citation: Ann. Stat. Tit. 22, § 4002
The term 'parent' means a natural or adoptive parent, unless parental rights have been terminated.

A 'person responsible for the child' means a person with responsibility for a child's health or welfare, whether in the child's home or another home or facility that, as part of its function, provides for care of the child. This includes the child's custodian.

Exceptions: Citation: Ann. Stat. Tit. 22, § 4010
A child shall not be considered to be abused or neglected, in jeopardy of health or welfare, or in danger of serious harm solely because treatment is by spiritual means by an accredited practitioner of a recognized religious organization.