Definitions of Child Abuse and Neglect Delaware

Statute: Tit. 16, §§ 902; 913

Standard
Injury by other than accidental means

Exemption
Religious exemption

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

for California

Abandonment

DEFINITIONS >p>Del. Code Ann. tit. 16, § 902 (WESTLAW through 2001 Reg. Sess.)

'Abuse' shall mean any physical injury to a child by those responsible for the care, custody and control of the child through unjustified force, emotional abuse, torture, criminally negligent treatment, sexual abuse, exploitation, maltreatment or mistreatment.

'Baby' shall mean a child not more than 14 days old, except that for hospitals and their employees and volunteers, 'baby' shall mean a child reasonably believed to be not more than 14 days old.

'Child' shall mean any person who has not reached his or her 18th birthday.

'Neglect' shall mean the failure to provide, by those responsible for the care, custody and control of the child, the proper or necessary education as required by law; nutrition; or medical, surgical or any other care necessary for the child's well-being.

'Those responsible for the care, custody, and control of the child' shall include, but not be limited to, the parents or guardian of the child, other members of the child's household, adults within the household who have responsibility for the child¿s well-being, persons who have temporary responsibility for the child's well being, or a custodian.

EXCEPTION

Del. Code Ann. tit. 16, § 913 (Supp. 1998)

No child who in good faith is 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 a neglected child for the purposes of this chapter.