Child Abuse Law
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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Articles on HG.org Related to Child Abuse Law
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Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.
Child Abuse Law – US
- ABA Center on Children and the Law
The ABA Center on Children and the Law, a program of the Young Lawyers Division, aims to improve children's lives through advances in law, justice, knowledge, practice and public policy.
- Chapter 419B — Juvenile Code: Dependency - Reporting Child Abuse
The Legislative Assembly finds that for the purpose of facilitating the use of protective social services to prevent further abuse, safeguard and enhance the welfare of abused children.
- Child Abuse Prevention and Treatment Act as Amended by the Keeping Children and Families Safe Act of 2003
The basis for government's intervention in child maltreatment is grounded in the concept of parens patriae—a legal term that asserts that government has a role in protecting the interests of children and in intervening when parents fail to provide proper care.
- Child Abuse Reporting Statues
- Definitions of Child Abuse and Neglect - Child Welfare Information Gateway
- Megan's Law
The U.S. Congress has passed several laws that require states to implement sex offender and crimes against children registries.
- Sex Offender Registration and Notification Act
To provide for the registration of sex offenders and for appropriate notification of their whereabouts, and for other purposes.
- US Code, Title 42, 13031 - Child Abuse Reporting
Child Abuse Law - International
- African Charter on the Rights and Welfare of the Child - Article 16: Protection Against Child Abuse and Torture
- Canadian Legislation - Family Violence Offense
- European Children’s Network
- Protection of Children against Sexual Exploitation and Sexual Abuse - Council of Europe
- United Kingdom - Children Act 1989 - Chapter 41
- World Health Organization - Child Maltreatment
Organizations Related to Child Abuse Law
- American Humane Association
- Child Abuse and Neglect in Eastern Europe
- Child Abuse Prevention Network
- Child Exploitation and Online Protection (CEOP) Centre - UK
- International Child Abuse Network
- International Society for Prevention of Child Abuse and Neglect (ISPCAN)
- National Center on Shaken Baby Syndrome
- Victims of Violence - Child Protection and Safety


