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Physical Abuse - Citation: Rev. Stat. §§ 432B.020; 432B.090; 432B.150
'Abuse or neglect of a child' means physical or mental injury of a nonaccidental nature; sexual abuse or sexual exploitation; or negligent treatment or maltreatment of a child caused or allowed by a person responsible for his or her welfare under circumstances that indicate that the child's health or welfare is harmed or threatened with harm.
'Physical injury' includes, without limitation:
- A sprain or dislocation
- Damage to cartilage
- A fracture of a bone or the skull
- An intracranial hemorrhage or injury to another internal organ
- A burn or scalding
- A cut, laceration, puncture, or bite
- Permanent or temporary disfigurement or loss or impairment of a part or organ of the body
Excessive corporal punishment may result in physical or mental injury constituting abuse or neglect of a child.
Neglect - Citation: Rev. Stat. § 432B.140
'Negligent treatment or maltreatment' of a child occurs if a child has been abandoned; is without proper care, control, and supervision; or lacks the subsistence, education, shelter, medical care, or other care necessary for the well-being of the child because of the faults or habits of the person responsible for his or her welfare or because of that person's neglect or refusal to provide care when able to do so.
Sexual Abuse/Exploitation - Citation: Rev. Stat. §§ 432B.100; 432B.110
'Sexual abuse' includes acts upon a child constituting:
- Lewdness with a child
- Sadomasochistic abuse
- Sexual assault
- Statutory sexual seduction
- Mutilation of the genitalia of a female child; aiding, abetting, encouraging, or participating in the mutilation of the genitalia of a female child; or removal of a female child from this State for the purpose of mutilating the genitalia of the child
'Sexual exploitation' includes forcing, allowing, or encouraging a child:
- To solicit for or engage in prostitution
- To view a pornographic film or literature
- To engage in filming, photographing, recording on videotape, posing, modeling, depiction, or a live performance before an audience that involves the exhibition of a child's genitals or any sexual conduct with a child
Emotional Abuse - Citation: Rev. Stat. § 432B.070
'Mental injury' means an injury to the intellectual or psychological capacity or the emotional condition of a child as evidenced by an observable and substantial impairment of his or her ability to function within his or her normal range of performance or behavior.
Abandonment - Citation: Rev. Stat. § 432B.140
'Negligent treatment or maltreatment' of a child occurs if a child has been abandoned.
Standards for Reporting - Citation: Rev. Stat. § 432B.220
A report is required when a person knows or has reasonable cause to believe that a child has been abused or neglected.
Persons Responsible for the Child - Citation: Rev. Stat. §§ 432B.080; 432B.130
The term 'parent' means a natural or adoptive parent whose parental rights have not been terminated.
The term 'person responsible for a child's welfare' includes:
- The child's parent, guardian, or stepparent with whom the child lives
- An adult person continually or regularly found in the same household as the child
- A person directly responsible, serving as a volunteer, or employed in a public or private home, institution, or facility where a child actually resides or is receiving child care outside his or her home for a portion of the day
Exceptions - Citation: Rev. Stat. § 432B.020(2)
Relinquishment of a newborn in accordance with the law is not considered abuse or neglect. It is not considered abuse or neglect when a parent or guardian, in good faith, selects and depends upon nonmedical remedial treatment for the child, if such treatment is recognized and permitted under the laws of the State in lieu of medical treatment. This paragraph does not limit the court in ensuring that a child receive a medical examination and treatment pursuant to § 62E.280.