Child Abuse in the United States

Definitions of Child Abuse and Neglect

Child abuse and neglect are defined by Federal and State laws. At the State level, child abuse and neglect may be defined in both civil and criminal statutes. This entry presents civil definitions that determine the grounds for intervention by State child protective agencies. States also may define child abuse and neglect in criminal statutes. These definitions provide the grounds for the arrest and prosecution of the offenders. For information on the criminal aspects of child abuse and neglect, visit the National Center for Prosecution of Child Abuse website at ndaa.org/ncpca.html.

At the Federal level, the Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as: “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. (CAPTA Reauthorization Act of 2010 (P.L. 111-320), § 5101, Note (§ 3)). Learn more about the Definitions of Child Abuse and Neglect here.

Child Abuse in relation to Crime and Race

Child Abuse is included in the Encyclopedia of Race and Crime (1), beginning with: Child abuse is any conduct or failure to act by an adult resulting in sexual, physical, and emotional abuse and neglect of a child under the age of 18. Race is used to distinguish persons from others based on either physical characteristics or ethnicity. Each year, disproportionately high numbers of abused Black children are removed from their families and placed into the U.S. child welfare system. Overrepresentation exists when a racial group of children are represented in foster care at a higher rate than they are represented in the general population. For example, Black children constitute 27% of the U.S. foster care population, but 13% of the total U.S. child population ( Figure 2 ). In contrast, White, American Indian, and Alaska Native children are underrepresented in foster care compared to their representation in the U.S. child population.

Child Abuse in the context of Juvenile and Family Law

Definition ofChild Abuse, published by the National Council of Juvenile and Family Court Judges: Traditionally, any physical mistreatment of a child, as opposed to child neglect or negligent care. However, the term is increasingly used to cover any “physical or mental injury, sexual abuse, negligent treatment or maltreatment of a child … by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby,” and is so defined in the federal Child Abuse Prevention and Treatment Act (Pub. Law 93-24, 1974).

Child Abuse, Sexual Behaviour and the Law

Child Abuse in the Criminal Justice System

This section covers the topics below related with Child Abuse:

Exploitation

Juvenile Justice in relation with Child Abuse

Child Protection

Health

Child Abuse

Exploitation and Child Abuse

Cause of Action Against Physician or Other Health Care Provider for Failure to Report Child Abuse: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action Against Physician or Other Health Care Provider for Failure to Report Child Abuse, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.

The United States Child Abuse Laws

Summary of the United States’s child abuse legal regime, including a statutory definition of the offense, child abuse prevention issues, a list of those considered mandatory reporters, and other related topics.

Finding the law: Child Abuse in the U.S. Code

A collection of general and permanent laws relating to child abuse, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines child abuse topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

Resources

Notes and References

1. Entry about Child Abuse in the Encyclopedia of Race and Crime

See Also

• Exploitation
• Juvenile Justice
• Child Protection
• Health
• Child Abuse
• Exploitation and Child Abuse

Further Reading

• Child Abuse in the Encyclopedia of Sexual Behavior and the Law
• Information about Child Abuse in the Gale Encyclopedia of American Law.