The definition of maltreatment varies from state to state. Nearly all states (98%) define the four major categories that are specifically discussed in the Child Abuse Prevention and Treatment Act (CAPTA): neglect, physical abuse, sexual abuse, and emotional abuse. Many states also include other types of maltreatment such as abandonment, medical neglect, lack of supervision and risk of harm.

First Star defines child maltreatment to include physical abuse, sexual abuse, emotional abuse, physical neglect, educational neglect, and emotional neglect. A child subjected to abuse, neglect or the withholding of medical treatment is maltreated regardless of an absence of intent to harm the child.

For many years, child welfare professionals and researchers have discussed the benefits of clear and consistent child abuse and neglect definitions. It is widely agreed that consistent definitions will greatly improve the effectiveness of reporting systems, research and policy planning and hence, the services provided to children. With this in mind, First Star offers the following working definitions of the various types of abuse and neglect:

Physical Abuse includes but is not limited to inflicting or attempting to inflict harm on a child’s person by:

• hitting
• kicking
• burning
• choking
• suffocating
• dropping
• throwing
• shaking
• holding the child under water.

It is not necessary for the abuser to intend to cause the child pain or injury for the child to be physically abused. Bruising, bleeding (internally or externally), scarring or other manifestations of abuse need not appear for the child to have been physically abused.

Sexual Abuse includes but is not limited to

• “the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct;
• Indecent exposure
• or the rape, and in cases or caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.”

Sexual Conduct includes but is not limited to

• inappropriate touching of the breasts, buttocks, penis or vagina with any body part (including oral contact),
• inappropriate kissing,
• sexually explicit talk, and intercourse.
• Inadequate or inappropriate supervision of a child's voluntary sexual activities;
• Use of a child in prostitution, pornography, Internet crimes, or other sexually exploitative activities.
• Sexual abuse includes both touching offenses (fondling or sexual intercourse) and nontouching offenses (exposing a child to pornographic materials) and can involve varying degrees of violence and emotional trauma. The most commonly reported cases involve incest—sexual abuse occurring among family members, including those in biological families, adoptive families, and step-families. Incest most often occurs within a father-daughter relationship; however, mother-son, father-son, and sibling-sibling incest also occurs. Sexual abuse is also sometimes committed by other relatives or caretakers, such as aunts, uncles, grandparents, cousins, or the boyfriend or girlfriend of a parent.

It is not necessary for the abuser to use force in the commission of the acts for the child to be sexually abused.

Emotional Abuse includes but is not limited to Psychological, verbal, and mental abuse, and may involve extreme forms of punishment (including periods of isolation, force-feeding, or making the child perform acts of violence on animals or other people), berating, belittling, shaming, or such acts that cause or are known to cause mental, emotional, cognitive or behavioral disorders.

It is not necessary for the abuser to intend to cause the child emotional harm, or for the child to manifest symptoms of emotional abuse for the child to be or have been emotionally abused.

Neglect includes but is not limited to basic failure to provide for the child. First Star recognizes that any assessment of neglect must recognize the effects of poverty on a caregiver’s ability to provide the child’s basic necessities.

Physical Neglect includes but is not limited to

• failure or refusal to prevent the child from ingesting harmful substances (including medication, alcohol, drugs, pesticides and cleaners),
• desertion,
• abandonment,
• insufficient monitoring and supervision,
• failure or refusal to seek or provide health care, or the withholding of medically indicated treatment where, in the qualified medical judgment of the child’s treating healthcare provider(s), such treatment would effectively improve the child’s condition.

Educational Neglect includes but is not limited to

• failure or refusal to enroll a school-aged child in school or to otherwise provide a substantial and appropriate education, failure or refusal to ensure the child’s classroom attendance,
• and failure to follow the child’s educational progress to ensure that special needs (including alternative education to address learning difficulties) are met.

Emotional Neglect includes but is not limited to

• failure or refusal to provide the child with regular nurturing and affection, failure or refusal to keep the child from witnessing potentially traumatic events within the home (including domestic violence or sexually explicit conduct),
• failure or refusal to address the child’s psychological needs (including services and healthcare). It is not necessary for the caregiver to believe that his or her action or inaction constitutes neglect for the child to be neglected.

Sources:

• U.S. Department of Health and Human Services, Administration on Children, Youth and Families/Children’s Bureau and Office of the Assistant Secretary for Planning and Evaluation. National Study of Child Protective Services Systems and Reform Efforts: Review of State CPS Policy. (April 2003). 
• National Research Council (U.S.) Panel on Child Abuse and Neglect. Understanding Child Abuse and Neglect Panel on Research on Child Abuse and Neglect, Commission on Behavioral and Social Sciences and Education, National Research Council. (National Academy Press, 1993).
• Childwelfare.gov/can/defining