Louisiana Definition of Child Abuse and Neglect

Physical Abuse: Citation: Ch. Code art. 603
'Abuse' means any one of the following acts that seriously endanger the physical, mental, or emotional health and safety of the child:
  • The infliction, attempted infliction, or, as a result of inadequate supervision, the allowance of the infliction or attempted infliction of physical or mental injury upon the child by a parent or any other person
  • Exploitation or overwork of a child by a parent or any other person

'Crime against the child' means the commission or attempted commission of a crime, including homicide, battery, assault, kidnapping, criminal neglect, contributing to the delinquency or dependency of a minor, the sale of minor children, or cruelty to juveniles.

Neglect: Citation: Ch. Code art. 603
'Neglect' means the refusal or unreasonable failure of a parent or caregiver to supply the child with necessary food, clothing, shelter, care, treatment, or counseling for any injury, illness, or condition of the child, as a result of which the child's physical, mental, or emotional health and safety is substantially threatened or impaired. Neglect includes prenatal neglect.

'Prenatal neglect' means exposure to chronic or severe use of alcohol, or the unlawful use of any controlled dangerous substance or its use in a manner not lawfully prescribed, that results in symptoms of withdrawal in the newborn or the presence of a controlled substance or a metabolic thereof in the child's body, blood, urine, or meconium that is not the result of medical treatment; or observable and harmful effects in the child's physical appearance or functioning.

Sexual Abuse/Exploitation: Citation: Ch. Code art. 603
The term 'abuse' includes any one of the following acts that seriously endanger the physical, mental, or emotional health of the child:

  • The involvement of the child in any sexual act with a parent or any other person
  • The aiding or toleration by the parent or caregiver of the child's sexual involvement with any other person
  • The aiding or toleration by the parent of the child's involvement in pornographic displays
  • Any other involvement of a child in sexual activity constituting a crime under the laws of the State

'Child pornography' means visual depiction of a child engaged in actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd exhibition of the genitals.

A 'crime against a child' includes rape, sexual battery, incest, carnal knowledge of a juvenile, indecent behavior with a juvenile, pornography involving juveniles, a crime against nature, or molestation of a juvenile.

Emotional Abuse: Citation: Ch. Code art. 603
The term 'abuse' includes any act that seriously endangers the mental or emotional health of the child or inflicts mental injury.

Abandonment: Citation: Ch. Code art. 603
A 'crime against the child' includes criminal abandonment of a child.

Standards for Reporting: Citation: Ch. Code art. 609
A report is required when there is cause to believe that a child's physical or mental health or welfare is endangered as a result of abuse or neglect.

Persons Responsible for the Child: Citation: Ch. Code art. 603
The term 'caretaker' [caregiver] means any person legally obligated to provide or secure adequate care for a child, including a parent, tutor, guardian, legal custodian, foster home parent, an employee of a public or private daycare center, operator or employee of a family daycare home, or other person providing a residence for the child.

Exceptions: Citation: Ch. Code art. 603
The inability of a parent or caregiver to provide for a child due to inadequate financial resources shall not, for that reason alone, be considered neglect.

Whenever, in lieu of medical care, a child is being provided treatment in accordance with the tenets of a well-recognized religious method of healing that has a reasonable, proven record of success, the child shall not, for that reason alone, be considered to be neglected or maltreated. Nothing in this section shall prohibit the court from ordering medical services for the child when there is substantial risk of harm to the child's health or welfare.