New Mexico Definitions of Child Abuse and Neglect

Physical Abuse - Citation: Ann. Stat. § 32A-4-2
'Abused child' means a child:

  • Who has suffered or is at risk of suffering serious harm because of the action or inaction of the child's parent, guardian, or custodian
  • Who has suffered physical abuse inflicted or caused by the child's parent, guardian, or custodian
  • Whose parent, guardian, or custodian has knowingly, intentionally, or negligently placed the child in a situation that may endanger the child's life or health
  • Whose parent, guardian, or custodian has knowingly or intentionally tortured, cruelly confined, or cruelly punished the child

'Physical abuse' includes, but is not limited to, any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death, and:

  • There is no justifiable explanation for the condition or death.
  • The explanation given for the condition or death is at variance with the degree or nature of the condition or the nature of the death.
  • Circumstances indicate that the condition or death may not be the product of an accidental occurrence.

Neglect - Citation: Ann. Stat. § 32A-4-2
'Neglected child' means a child:

  • Who has been abandoned by the child's parent, guardian, or custodian
  • Who is without proper parental care and control or subsistence, education, medical, or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian, or custodian or that person's failure or refusal to provide them
  • Who has been physically or sexually abused when the child's parent, guardian, or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm
  • Whose parent, guardian, or custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental disorder or incapacity
  • Who has been placed for care or adoption in violation of the law

Sexual Abuse/Exploitation - Citation: Ann. Stat. § 32A-4-2
The term 'abused child' includes a child who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian, or custodian.

'Sexual abuse' includes, but is not limited to, criminal sexual contact, incest, or criminal sexual penetration, as those acts are defined by State law.

'Sexual exploitation' includes, but is not limited to:

  • Allowing, permitting, or encouraging a child to engage in prostitution
  • Allowing, permitting, encouraging, or engaging a child in obscene or pornographic photographing
  • Filming or depicting a child for obscene or pornographic commercial purposes

Emotional Abuse - Citation: Ann. Stat. § 32A-4-2
The term 'abused child' includes a child who has suffered emotional or psychological abuse inflicted or caused by the child's parent, guardian, or custodian.

Abandonment - Citation: Ann. Stat. § 32A-4-2
'Abandonment' includes instances when the parent, without justifiable cause:

  • Left the child without provision for the child's identification for a period of 14 days
  • Left the child with others, including the other parent or an agency, without provision for support and without communication, for a period of 3 months if the child was younger than age 6 at the commencement of the 3-month period, or 6 months if the child was older than age 6 at the commencement of the 6-month period

Standards for Reporting - Citation: Ann. Stat. § 32A-4-3
A report is required when a person knows or has a reasonable suspicion that the child is abused or neglected.

Persons Responsible for the Child - Citation: Ann. Stat. § 32A-4-2
Responsible persons include the child's parent, guardian, or custodian.

Exceptions - Citation: Ann. Stat. § 32A-4-2
A child who is being provided with treatment by spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, by a duly accredited practitioner thereof is not for that reason alone a neglected child.