General Information on Child Abuse:
Definition of Child Abuse and Neglect and State Laws

© 2003 by Laurie A. Couture, M.Ed, LMHC

Child Abuse and Neglect (Legal Definition) is a restrictive definition dictated by individual states and countries. Child abuse and neglect, in the legal sense, refers to any action on the part of an adult or caretaker that intentionally inflicts, or causes to result, non-accidental physical or psychological injury, physiological deprivation or sexual violation to a child, excluding corporal punishment. Each state carries a different definition of what specifically constitutes child abuse and neglect. For example, the legal age of sexual consent varies state to state. Additionally, in some states, acts defined as severe child abuse are viewed as legally permissible corporal punishment in other states. In some school districts, acts defined as child abuse when committed by a parent are viewed as legally permissible corporal punishment when committed by a teacher or school administrator.

Child Abuse and Neglect (Human Rights Definition) is any action on the part of an adult or caretaker that intentionally inflicts, or causes to result, pain or physiological discomfort, non-accidental physical or psychological injury, physiological deprivation or sexual violation to a child, including all forms of corporal punishment, for the purposes of punishment, containment, adult sexual gratification, and/or due to lack of developmentally appropriate supervision. This definition also includes all acts of physical, psychological and/or sexual assault that adults, but not children, may claim legal protection against (i.e.: corporal punishment). This definition excludes accidents, necessary medical care, or short periods of containment for safety purposes (car seats, cribs, play pens, etc.). This definition of child abuse and neglect is recognized by many professionals in the fields of medicine, psychology, sociology, social work, child advocacy and philosophy, however, this human rights definition is not legally recognized at this point in history.

Child refers to any person under the age of 18 years, but also refers to young people ages 18-21 who have not yet been emancipated from state custody and reside under the care of a child welfare agency (foster care, independent living program, residential program, psychiatric facility, group home, wilderness camp, youth detention, etc.

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