'Abused child' means an individual younger than age 18 who is suffering from abuse as defined in § 14-09-22(1)(a), caused by a person responsible for the child's welfare.
A child is abused when a parent, adult family or household member, guardian, or other custodian of any child willfully does any of the following:
- Inflicts or allows to be inflicted upon the child bodily injury, substantial bodily injury, serious bodily injury, or mental injury
- Fails to provide proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health, or morals
- Permits the child to be, or fails to exercise reasonable diligence in preventing the child from being, in a disreputable place or associating with vagrants or vicious or immoral persons
- Permits the child to engage in, or fails to exercise reasonable diligence in preventing the child from engaging in, an occupation forbidden by the laws of this State or an occupation injurious to the child's health or morals, or the health or morals of others
Neglect - Citation: Cent. Code §§ 50-25.1-02; 27-20-02
'Neglected child' means a deprived child as defined in chapter 27-20.
'Deprived child' means a child who:
- Is without proper parental care or control, subsistence, education, or other care or control necessary for the child's physical, mental, emotional health, or morals; and the deprivation is not due primarily to the lack of financial means of the child's parents, guardian, or other custodian
- Has been placed for care or adoption in violation of law
- Is without proper parental care, control, education, or other care and control necessary for the child's well-being because of the physical, mental, emotional, or other illness or disability of the child's parent or parents; and such lack of care is not due to a willful act of commission or act of omission by the child's parents, and care is requested by a parent
- Is in need of treatment and whose parents, guardian, or other custodian have refused to participate in treatment as ordered by the juvenile court
- Was subject to prenatal exposure to chronic and severe use of alcohol or any controlled substance in a manner not lawfully prescribed by a practitioner
- Is present in an environment that subjects the child to exposure to a controlled substance or drug paraphernalia
'Prenatal exposure to a controlled substance' means use of a controlled substance by a pregnant woman for a nonmedical purpose during pregnancy as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery of the child at birth, or medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance.
Sexual Abuse/Exploitation - Citation: Cent. Code § 50-25.1-02
'Sexually abused child' means an individual younger than age 18 who is subjected by a person responsible for the child's welfare or by any individual to sexual abuse, as described in §§ 12.1-20-01 through 12.1-20-07 and §§ 12.1-20-11 through 12.1-20-12.2, or sexual exploitation, as described in chapter 12.1-27.2.
Emotional Abuse - Citation: Cent. Code § 50-25.1-02
A child is an 'abused child' when the person responsible for the child's welfare inflicts or allows to be inflicted upon the child a mental injury.
Abandonment - Citation: Cent. Code § 27-20-02
The term 'abandon' means:
- Failure by a noncustodial parent, without justifiable cause, to communicate significantly with the child, or to provide for the care and support of the child as required by law
- Actions by a custodial parent that include:
- Leaving the child for an indefinite period without making firm and agreed upon plans with the child's immediate caregiver for the parents' resumption of physical custody
- Following the child's birth or treatment at a hospital, failing to arrange for the child's discharge within 10 days after the child no longer requires hospital care
- Willfully failing to furnish food, shelter, clothing, or medical attention that is reasonably sufficient to meet the child's needs
'Abandoned infant' means a child who has been abandoned before reaching age 1.
Standards for Reporting - Citation: Cent. Code § 50-25.1-03
A report is required when a person knows or has reasonable cause to suspect that a child is abused or neglected.
Persons Responsible for the Child - Citation: Cent. Code § 50-25.1-02
'A person responsible for the child's welfare' means a person who has responsibility for the care or supervision of a child and who is:
- The child's parent, an adult family member of the child, any member of the child's household, the child's guardian, or the child's foster parent
- An employee of, or any person providing care for the child in, a public or private school or child care setting
No exceptions are specified in statute.