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Definitions of Child Abuse and Neglect Maryland

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Statute: § 5-701

Standard


Harmed or substantial risk of being harmed

Exemption

Not addressed in statutes reviewed

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

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Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

Abandonment

DEFINITIONS

Md. Code Ann. Fam. Law § 5-701 (Lexis, WESTLAW through 2003 Reg. Sess.)

'Abuse' means:

The physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed; or
Sexual abuse of a child, whether physical injuries are sustained or not.

'Child' means any individual under the age of 18 years.

'Family member' means a relative by blood, adoption, or marriage of a child.

'Mental injury' means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.

'Neglect' means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:

That the child's health or welfare is harmed or placed at substantial risk of harm; or
Mental injury to the child or a substantial risk of mental injury.

'Sexual abuse' means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member.

Sexual abuse' includes:

Incest, rape, or sexual offense in any degree;
Sodomy; and

Unnatural or perverted sexual practices.

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