Child Abuse Law






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Child Abuse crime is a criminal offense committed under any law of a State that involves the physical, emotional, or sexual mistreatment or injury of a child by a parent or another party responsible for the child’s welfare, either purposefully, or due to neglect. Juvenile or family court laws primary govern the protection of abused and neglected children. However, most states are beginning to include abused children in their domestic violence definitions as well.

Child abuse is defined by Federal and State laws. Although State laws vary, the Federal Child Abuse prevention and Treatment Act (CAPTA) requires that States incorporate a minimum set of acts or behaviors into their legal definitions of child abuse and neglect.

Most states have civil definitions for child abuse and neglect, as well, that address the grounds for intervention by State child protective agencies. In most states certain individuals, such as medical professionals, teachers, day care providers, and law enforcement officers are required by law to report suspected child abuse. In addition, some states also requires attorneys, clergy, therapists and counselors to do so as well, despite the controversial loss of privilege.

Laws regarding child abuse seek to protect children, while at the same time allowing parents the right to raise their families without overt governmental intrusion. These laws can be quite controversial, however, for many reasons: the loss of privilege due to the mandatory reporting laws; the broadness in the definition of what constitutes abuse, which can lead to false allegations and extreme consequences; and the frequent perception that the government is interfering with the rights of parents to raise and discipline their children as they see fit.

To consult State Legislation regarding child abuse laws and regulations please see the Criminal Code by State page.

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