North Carolina Definitions of Child Abuse and Neglect

Physical Abuse - Citation: Gen. Stat. § 7B-101
'Abused juvenile' means any child younger than age 18 whose parent, guardian, custodian, or caregiver:

  • Inflicts or allows to be inflicted upon the child a serious physical injury by other than accidental means
  • Creates or allows to be created a substantial risk of serious physical injury to the child by other than accidental means
  • Uses or allows to be used upon the child cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior

Neglect - Citation: Gen. Stat. § 7B-101
'Neglected juvenile' means a child:

  • Who does not receive proper care, supervision, or discipline from his or her parent, guardian, custodian, or caregiver
  • Who is not provided necessary medical or remedial care
  • Who lives in an environment injurious to his or her welfare
  • Who has been placed for care or adoption in violation of law

In determining whether a child is a neglected juvenile, it is relevant whether that child lives in a home where another child has been subjected to abuse or neglect by an adult who regularly lives in the home.

'Serious neglect' means conduct, behavior, or inaction of the juvenile's parent, guardian, custodian, or caregiver that evidences a disregard of consequences of such magnitude that the conduct, behavior, or inaction constitutes an unequivocal danger to the juvenile's health, welfare, or safety, but does not constitute abuse.

Sexual Abuse/Exploitation - Citation: Gen. Stat. § 7B-101
The term 'abused juvenile' includes any child younger than age 18 whose parent, guardian, custodian, or caregiver commits, permits, or encourages the commission of a violation of the following laws regarding sexual offenses by, with, or upon the child:

  • First and second degree rape or sexual offense
  • Rape of a child by an adult offender
  • Sexual act by a custodian
  • Crime against nature or incest
  • Preparation of obscene photographs, slides, or motion pictures of the child
  • Employing or permitting the child to assist in a violation of the obscenity laws
  • Dissemination of obscene material to the child
  • Displaying or disseminating material harmful to the child
  • First and second degree sexual exploitation of the child
  • Promoting the prostitution of the child
  • Taking indecent liberties with the child

Emotional Abuse - Citation: Gen. Stat. § 7B-101
The term 'abused juvenile' includes any child younger than age 18 whose parent, guardian, custodian, or caregiver creates or allows to be created serious emotional damage to the child. Serious emotional damage is evidenced by a child's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others.

Abandonment - Citation: Gen. Stat. § 7B-101
The term 'neglected juvenile' includes a child who has been abandoned.

Standards for Reporting - Citation: Gen. Stat. § 7B-301
A report is required when there is cause to suspect that a child is abused, neglected, or dependent.

Persons Responsible for the Child - Citation: Gen. Stat. § 7B-101
A 'person responsible for a child's health and welfare' means:

  • A parent, guardian, or custodian
  • A stepparent, foster parent, or an adult member of the child's household
  • An adult relative entrusted with the child's care
  • Any person, such as a house parent or cottage parent, who has primary responsibility for supervising a child's health and welfare in a residential child care facility
  • An employee or volunteer of a division, institution, or school operated by the department

Exceptions
No exceptions are specified in statute.