What is child abuse and neglect?

A federal law called the Child Abuse Protection and Treatment Act (CAPTA) says
that at a minimum, child abuse and neglect is “any recent act, or failure to act, on
the part of a parent or caretaker which results in death or serious physical or
emotional harm, or sexual abuse or exploitation, or presents an imminent risk of
serious harm.”

There are several types of abuse and neglect. The definitions below were
adapted from CAPTA (some states may have slightly different definitions for
abuse and neglect):
• Physical Abuse—is causing injury to a child by beating, kicking, biting,
burning, shaking, or other ways of harming the child. Sometimes even when a
parent does not intend to hurt the child, a child’s injuries may be legally labeled
as abuse. For example, the injury may have been the result of over-discipline or
physical punishment. The law holds the parent responsible for the safety of the
child even when someone else in the home causes the injury.
• Child Neglect—is failure to provide for a child’s basic needs. This includes a
child’s physical, educational, medical and emotional needs. Sometimes neglect of
a child happens when a parent has a drug or alcohol abuse problem or some
form of mental illness. Not having enough money to take care of a child’s basic
needs does not mean a parent is being neglectful. It may mean that the parent
needs assistance.

When deciding if a child is neglected, the agency worker usually considers
cultural practices or differences. This is to make sure that a family is not wrongly
accused of abuse or neglect.
• Sexual Abuse—includes any type of sexual activity or sexual contact by a parent
or other caregiver with a child. Taking advantage of a child through prostitution
or pornography is also considered to be sexual abuse.
• Emotional Abuse—includes actions of a caregiver that can hurt a child’s
emotional health, such as screaming and name calling. Other acts such as
rejecting or withholding affection are also forms of emotional abuse.

✓Ask your agency worker to give you the definitions of child abuse and neglect used in
your state.
✓If English is not your first language, ask for the definitions (and other materials) in your
own language.