Child Neglect in the United States

Child Neglect in the context of Juvenile and Family Law

Definition of Child Neglect, published by the National Council of Juvenile and Family Court Judges: Failure by a parent or custodian to render appropriate care to a child; an act of omission by the person legally responsible for a child’s care which threatens the child’s well-being. Failure to provide a child with suitable food, shelter, clothing, hygiene, medical care or parental supervision.

U.S. States Definitions of Child Abuse and Neglect

Note: for further information about U.S. States Definitions of Child Abuse and Neglect, click here.

Standards for Reporting

Generally speaking, a report must be made when an individual knows or has reasonable cause to believe or suspect that a child has been subjected to abuse or neglect.

In seven States, American Samoa, the Northern Mariana Islands, and the Virgin Islands, a report is required when the reporter knows that the child is being subjected to conditions or circumstances that would lead a reasonable person to believe could result in the child being abused or neglected (Arkansas, Hawaii, Idaho, Missouri, Nebraska, Utah, and Wyoming).

These standards guide mandatory reporters in deciding whether to make a report to child protective services. For example, in Connecticut and Kansas, a report is specifically required when a person suspects that a child is a victim of human trafficking.

Persons Responsible for the Child

In addition to defining acts or omissions that constitute child abuse or neglect, several States’ statutes provide specific definitions of persons who can be reported to child protective services as perpetrators of abuse or neglect. These persons have some relationship or regular responsibility for the child. This generally includes parents, guardians, foster parents, relatives, or other caregivers responsible for the child’s welfare.

Exceptions

A number of States provide exceptions in their reporting laws that exempt certain acts or omissions from their statutory definitions of child abuse and neglect. For instance, in 12 States and the District of Columbia, financial inability to provide for a child is exempted from the definition of neglect (Arkansas, Florida, Kansas, Louisiana, Massachusetts, New Hampshire, North Dakota, Pennsylvania, Texas, Washington, West Virginia, and Wisconsin).

In 17 States, the District of Columbia, American Samoa, and the Northern Mariana Islands, physical discipline of a child, as long as it is reasonable and causes no bodily injury to the child, is an exception to the definition of abuse (Arkansas, California, Colorado, Florida, Georgia, Indiana, Minnesota, Mississippi, Missouri, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Texas, Utah, and Washington).

CAPTA specifies that nothing in the act should 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 (42 U.S.C. § 5106i). At the State level, 31 States, the District of Columbia, American Samoa, Guam, and Puerto Rico provide in their civil child abuse reporting laws an exception to the definition of child abuse and neglect for parents who choose not to seek medical care for their children due to religious beliefs (Alabama, Alaska, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Ohio, Oklahoma, Pennsylvania, Utah, Vermont, Virginia, and Wyoming).

However, 16 of the 31 States, American Samoa, and Puerto Rico authorize the court to order medical treatment for the child when the child’s condition warrants intervention (Alabama, Colorado, Florida, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nevada, Ohio, Oklahoma, and Pennsylvania).

Three States specifically provide an exception for Christian Science treatment (Arizona, Connecticut, and Washington). Seven States require mandated reporters to report instances when a child is not receiving medical care so that an investigation can be made: Florida, Michigan, Minnesota, Missouri, Ohio, Oklahoma, and Pennsylvania. (1)

Resources

Notes

1. Child Welfare Information Gateway. (2016). Definitions of child abuse and neglect. Washington, DC: U.S. Department of Health and Human Services, Children’s Bureau.