Definitions of Child Abuse and Neglect Idaho

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Categories of Maltreatment Not Defined in Statute

DEFINITIONS

Idaho Code § 16-1602(1), (2), (5), (12), (18), (20), (21) (WESTLAW through 2002 Cum. Supp.)

'Abused' means any case in which a child has been the victim of:

Conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive or death, and such condition or death is not justifiably explained, or where the history given concerning such condition or death is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition or death may not be the product of an accidental occurrence; or
Sexual conduct, including rape, molestation, incest, prostitution, obscene or pornographic photographing, filming or depiction for commercial purposes, or other similar forms of sexual exploitation harming or threatening the child's health or welfare or mental injury to the child.

'Abandoned' means the failure of the parent to maintain a normal parental relationship with his child, including but not limited to reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of one year shall constitute prima facie evidence of abandonment.

'Child' means an individual who is under the age of 18 years.

'Mental injury' means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.

'Neglected' means a child:

Who is without proper parental care and control, or subsistence, education, medical or other care or control necessary for his well-being because of the conduct or omission of his parents, guardian or other custodian or their neglect or refusal to provide them; or

Whose parents, guardian or other custodian are unable to discharge their responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity; or

Who has been placed for care or adoption in violation of law.

EXCEPTION

Idaho Code § 16-1602(21)(a) (WESTLAW through 2002 Cum. Supp.)

However, no child whose parent or guardian chooses for such child treatment by prayers through spiritual means alone in lieu of medical treatment, shall be deemed for that reason alone to be neglected or lack parental care necessary for his health and well-being, but further provided this subsection shall not prevent the court from acting pursuant to statute.