Definitions of Child Abuse and Neglect Kansas

Statute: §§ 38-1502; 3516

Standard

Infliction of injury or causing deterioration

Exemption

Religious exemption

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Abandonment

Categories of Maltreatment Not Defined in Statute

DEFINITIONS

Kan. Stat. Ann. § 38-1502 (WESTLAW through 2002 Reg. Sess.)

'Child in need of care' means a person less than 18 years of age who:

Is without adequate parental care, control or subsistence and the condition is not due solely to the lack of financial means of the child¿s parents or other custodian;

Is without the care or control necessary for the child's physical, mental or emotional health;
Has been physically, mentally or emotionally abused or neglected or sexually abused;

Has been placed for care or adoption in violation of law;

Has been abandoned or does not have a known living parent;

Is not attending school as required by State law;

Has been residing in the same residence with a sibling or another person under 18 years of age, who has been physically, mentally or emotionally abused or neglected, or sexually abused.

'Physical, mental or emotional abuse' means the infliction of physical, mental or emotional injury or the causing of a deterioration of a child and may include, but shall not be limited to maltreatment or exploiting a child to the extent that the child's health or emotional well-being is endangered.

'Sexual abuse' means any act committed with a child as described in §§ 21-3501 through 21-3504, regardless of the age of the child.

'Parent' when used in relation to a child or children, includes a guardian, conservator and every person who is by law liable to maintain, care for or support the child.

'Relative' means a person related by blood, marriage or adoption but, when referring to a relative of a child¿s parent, does not include the child's other parent.

'Abandon' means to forsake, desert or cease providing care for the child without making appropriate provisions for substitute care.

'Neglect' means acts or omissions by a parent, guardian or person responsible for the care of a child resulting in harm to a child or presenting a likelihood of harm and the acts or omissions are not due solely to the lack of financial means of the child's parents or other custodian. Neglect may include but shall not be limited to:

Failure to provide the child with food, clothing or shelter necessary to sustain the life or health of the child;

Failure to provide adequate supervision of a child or to remove a child from a situation which requires judgment or actions beyond the child's level of maturity, physical condition or mental abilities and that results in bodily injury or a likelihood of harm to the child; or

Failure to use resources available to treat a diagnosed medical condition if such treatment will make a child substantially more comfortable, reduce pain and suffering, correct or substantially diminish a crippling condition from worsening. A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent.

Kan. Stat. Ann. § 21-3516(a) (Supp. 1998)

'Sexual exploitation of a child' is:

Employing, using, persuading, inducing, enticing or coercing a child under 18 years of age to engage in sexually explicit conduct for the purpose of promoting any performance;

Possessing any film, photograph, negative, slide, book, magazine or other printed or visual medium or any audio tape recording or any photocopy, video tape, video laser disk, computer hardware, software, floppy disk or any other computer related equipment or computer generated image that contains or incorporates in any manner any film, photograph, negative, photocopy, video tape or video laser disk in which a visual depiction of a child under 18 years of age is shown or heard engaging in sexually explicit conduct with intent to arouse or satisfy the sexual desires or appeal to the prurient interest of the offender, the child or another;

Being a parent, guardian or other person having custody or control of a child under 18 years of age and knowingly permitting such child to engage in, or assist another to engage in, sexually explicit conduct for any purpose; or

Promoting any performance that includes sexually explicit conduct by a child under 18 years of age, knowing the character and content of the performance.

EXCEPTION

Kan. Stat. Ann. § 38-1502(cc)(3) (WESTLAW through 2002 Reg. Sess.)

A parent legitimately practicing religious beliefs who does not provide specified medical treatment for a child because of religious beliefs shall not for that reason be considered a negligent parent.