Definitions of Child Abuse and Neglect Vermont

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Categories of Maltreatment Not Defined in Statute

l Text of Statute

DEFINITIONS

Vt. Stat. Ann. tit. 33, § 4912 (WESTLAW through 2002 Reg. Sess.)

Child' means an individual under the age of majority.

'Abused or neglected child' means a child whose physical health, psychological growth and development or welfare is harmed or is at substantial risk of harm by the acts or omissions of his or her parent or other person responsible for the child's welfare. An 'abused or neglected child' also means a child who is sexually abused or at substantial risk of sexual abuse by any person.

'Harm' can occur by:

Physical injury or emotional maltreatment;

Failure to supply the child with adequate food,
clothing, shelter or health care; or

Abandonment of child.

'Risk of harm' means a significant danger that a child will suffer serious harm other than by accidental means, which harm would be likely to cause physical injury, neglect, emotional maltreatment, or sexual abuse.

'A person responsible for a child's welfare' includes:

The child's parent;

Guardian;

Foster parent;

Any other adult residing in the home who serves
in a parental role;

An employee of a public or private residential
home, institution or agency; or

Other person responsible for the child's welfare
while in a residential, educational or day care
setting, including any staff person.

'Physical injury' means death, or permanent or temporary disfigurement or impairment of any bodily organ or function by other than accidental means.

'Emotional maltreatment' means a pattern of malicious behavior, which results in impaired psychological growth, and development.

'Sexual abuse' consists of any act or acts by any person involving sexual molestation or exploitation of a child including but not limited to:

Incest;

Prostitution;

Rape;

Sodomy; or

Any lewd and lascivious conduct involving a child.

'Sexual abuse' also includes the aiding,
abetting, counseling, hiring, or procuring of a
child to perform or participate in any photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts a sexual conduct, sexual excitement or sadomasochistic abuse involving a child.

EXCEPTION

Vt. Stat. Ann. tit. 33, § 4912(3)(b) (WESTLAW through 2002 Reg. Sess.)

For the purposes of this subchapter, 'adequate health care' includes any medical or nonmedical remedial health care permitted or authorized under State law. Notwithstanding that a child might be found to be without proper parental care under chapter 55 of Title 33, a parent or other person responsible for a child's care legitimately practicing his or her religious beliefs who thereby does not provide specified medical treatment for a child shall not be considered neglectful for that reason alone.