West Virginia Definitions of Child Abuse and Neglect

Physical Abuse - Citation: Ann. Code § 49-1-3
'Abused child' means a child whose health or welfare is harmed or threatened by:

  • A parent, guardian, or custodian who knowingly or intentionally inflicts, attempts to inflict, or knowingly allows another person to inflict, physical injury or mental or emotional injury upon the child or another child in the home
  • Sexual abuse or sexual exploitation
  • The sale or attempted sale of a child by a parent, guardian, or custodian in violation of the law
  • Domestic violence, as defined by § 48-27-202
  • Physical injury as a result of excessive corporal punishment

'Child abuse and neglect' or 'child abuse or neglect' means physical injury of a child by a parent, guardian, or custodian who is responsible for the child's welfare under circumstances that harm or threaten the health and welfare of the child.

'Imminent danger to the physical well-being of the child' means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situations may include:

  • Nonaccidental trauma inflicted by a parent, guardian, custodian, sibling, or a babysitter or other caregiver
  • A combination of physical and other signs indicating a pattern of abuse that may be medically diagnosed as battered child syndrome
  • Sale or attempted sale of the child by the parent, guardian, or custodian

'Serious physical abuse' means bodily injury that creates a substantial risk of death or causes serious or prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.

Neglect - Citation: Ann. Code § 49-1-3
'Neglected child' means a child:

  • Whose physical or mental health is harmed or threatened by a present refusal, failure, or inability of the child's parent, guardian, or custodian to supply the child with necessary food, clothing, shelter, supervision, medical care, or education
  • Who is presently without necessary food, clothing, shelter, medical care, education, or supervision because of the disappearance or absence of the child's parent or custodian

'Child abuse and neglect' or 'child abuse or neglect' means negligent treatment or maltreatment of a child by a parent, guardian, or custodian who is responsible for the child's welfare under circumstances that harm or threaten the health and welfare of the child.

'Imminent danger to the physical well-being of the child' means an emergency situation in which the welfare or the life of the child is threatened. Such emergency situations may include:

  • Nutritional deprivation
  • Inadequate treatment of serious illness or disease

Sexual Abuse/Exploitation - Citation: Ann. Code § 49-1-3
'Sexual abuse' means:

  • Engaging in, attempting to engage in, or knowingly procuring another person to engage in sexual intercourse, sexual intrusion, or sexual contact with a child younger than age 16, notwithstanding the fact that the child may have willingly participated in such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct
  • Engaging in, attempting to engage in, or knowingly procuring another person to engage in sexual intercourse, sexual intrusion, or sexual contact with an child age 16 or older, notwithstanding the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct
  • Any conduct whereby a parent, guardian, or custodian displays his or her sex organs to a child or procures another person to display his or her sex organs to a child for the purpose of gratifying the sexual desire of the parent, guardian, or custodian, of the person making such display, or of the child, or for the purpose of affronting or alarming the child

'Sexual exploitation' means an act whereby a parent, guardian, or custodian:

  • Whether for financial gain or not, persuades, induces, entices, or coerces a child to engage in sexually explicit conduct
  • Persuades, induces, entices, or coerces a child to display his or her sex organs for the sexual gratification of the parent, guardian, custodian, or a third person, or to display his or her sex organs under circumstances in which the parent, guardian, or custodian knows such display is likely to be observed by others who would be affronted or alarmed

Emotional Abuse - Citation: Ann. Code § 49-1-3
The terms 'child abuse and neglect' or 'child abuse or neglect' include mental or emotional injury of a child by a parent, guardian, or custodian who is responsible for the child's welfare, under circumstances that harm or threaten the health and welfare of the child.

'Imminent danger to the physical well-being of the child' includes substantial emotional injury inflicted by a parent, guardian, or custodian.

Abandonment - Citation: Ann. Code § 49-1-3
'Imminent danger to the physical well-being of the child' includes abandonment by the parent, guardian, or custodian.

Standards for Reporting - Citation: Ann. Code § 49-6A-2
A report is required when there is reasonable cause to suspect that a child is neglected or abused.

Persons Responsible for the Child - Citation: Ann. Code § 49-1-3
Responsible persons include the child's parent, guardian, or custodian.

Exceptions - Citation: Ann. Code § 49-1-3
A child is not considered neglected when:

  • The lack of necessary food, clothing, shelter, or medical care is due primarily to a lack of financial means on the part of the parent.
  • The child's education is conducted within the provisions of § 18-8-1 [which provides exemption from the State compulsory education requirement for private school enrollment or homeschooling].