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Definitions of Child Abuse and Neglect North Carolina

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Statute: § 7B-101

Standard


Inflicts or allows to be inflicted

Creates or allows to be created

Uses or allows to be used

Commits, permits, or encourages

Encourages, directs, or approves

Exemption

Not addressed in statutes reviewed

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Abandonment

Categories of Maltreatment Not Defined in Statute

DEFINITIONS

N.C. Gen. Stat. § 7B-101 (WESTLAW through 2000 Reg. Sess.)

'Abused juvenile' means any juvenile less than 18 years of age whose parent, guardian, custodian or caretaker:

Inflicts or allows to be inflicted upon the juvenile a serious physical injury by other than accidental means;

Creates or allows to be created a substantial risk of serious physical injury to the juvenile by other than accidental means;

Uses or allows to be used upon the juvenile cruel or grossly inappropriate procedures or cruel or grossly inappropriate devices to modify behavior;

Commits, permits, or encourages the commission of a violation of the following laws regarding sexual offenses by, with, or upon the juvenile:

First and second degree rape;

First and second degree sexual offense;

Sexual act by a custodian;

Crime against nature;

Incest;

Preparation of obscene photographs, slides, or
motion pictures of the juvenile;

Employing or permitting the juvenile to assist in a violation of the obscenity laws;

Dissemination of obscene material to the juvenile;

Displaying or disseminating material harmful to
the juvenile;

First and second degree sexual exploitation of the juvenile;

Promoting the prostitution of the juvenile; or

Taking indecent liberties with the juvenile,
regardless of the age of the parties;

Creates or allows to be created serious emotional damage to the juvenile. Serious emotional damage is evidenced by a juvenile's severe anxiety, depression, withdrawal, or aggressive behavior toward himself or others; or

Encourages, directs, or approves of delinquent acts involving moral turpitude committed by the juvenile.

'Dependent juvenile' means a juvenile in need of assistance or placement because the juvenile has no parent, guardian, or custodian responsible for the juvenile's care or supervision, or whose parent, guardian, or custodian is unable to provide for the care or supervision and lacks an appropriate alternative child care arrangement.

'Neglected juvenile' means a juvenile:

Who does not receive proper care, supervision, or discipline from the juvenile's parent, guardian, custodian, or caretaker;

Who has been abandoned;

Who is not provided necessary medical care;

Who is not provided necessary remedial care;

Who lives in an environment injurious to the
juvenile's welfare; or

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

In determining whether a juvenile is a neglected juvenile, it is relevant whether that juvenile lives in a home where another juvenile has been subjected to abuse or neglect by an adult who regularly lives in the home.
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