Definitions of Child Abuse and Neglect New Hampshire

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DEFINITIONS

N.H. Rev. Stat. Ann. § 169-C:3 (WESTLAW through End of 2001 Reg. Sess.)

'Abandoned' means the child has been left by his parent, guardian or custodian, without provision for his care, supervision or financial support although financially able to provide such support.

'Abused child' means any child who has been:

Sexually abused; or

Intentionally physically injured; or

Psychologically injured so that said child
exhibits symptoms of emotional problems generally
recognized to result from consistent mistreatment
or neglect; or

Physically injured by other than accidental means.

'Child' means any person who has not reached his 18th birthday.

'Neglected child' means a child:

Who has been abandoned by his parents, guardian, or custodian; or

Who is without proper parental care or control,
subsistence, education as required by law, or
other care or control necessary for his physical,
mental, or emotional health, when it is
established that his health has suffered or is
very likely to suffer serious impairment; and the
deprivation is not due primarily to the lack of
financial means of the parents, guardian or
custodian; or

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

'Parent' means mother, father, adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.

'A person responsible for a child's welfare' includes the child's parent, guardian or custodian, as well as the person providing out-of-home care of the child, if that person is not the parent, guardian or custodian. For purposes of this definition, 'out-of-home care' includes child day care, and any other settings in which children are given care outside of their homes.

'Sexual abuse' means the following activities under circumstances which indicate that the child's health or welfare is harmed or threatened with harm: the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of such conduct for the purpose of producing any visual depiction of such conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. With respect to the definition of sexual abuse, the term 'child' or 'children' means any individual who is under the age of 18 years.

EXCEPTION

N.H. Rev. Stat. Ann. § 169-C:3(XIX)(c) (WESTLAW through End of 2001 Reg. Sess.)

No child who is, in good faith, under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a neglected child under this chapter.