Definitions of Child Abuse and Neglect District of Columbia

Statute: §§ 4-1301.02; 16-2301

Standard

Inflicts or fails to make reasonable efforts to prevent the infliction of

Exemption

Religious exemption

Poverty

Corporal punishment

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

D.C. Code Ann. § 4-1301.02 (1), (4)-( 5), (8), (16)-(19), (21) (WESTLAW through 2-23-03)

'Abused,' when used in reference to a child, means a child whose parent, guardian or custodian inflicts or fails to make reasonable efforts to prevent the infliction of physical or mental injury upon the child, including excessive corporal punishment, an act of sexual abuse, molestation, or exploitation, or an injury that results from exposure to drug-related activity.

D.C. Code Ann. § 16-2301(9), (23)-(25), (30)-(33) (WESTLAW through 2-23-03)

'Neglected child' means a child:

Who has been abandoned or abused by his or her parent, guardian, or custodian, or whose parent, guardian, or custodian has failed to make reasonable efforts to prevent the infliction of abuse upon the child;

Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his or her physical, mental, or emotional health;

Whose parent, guardian, or other custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;

Whose parent, guardian, or custodian refuses or is unable to assume the responsibility for the child's care, control or subsistence and the person or institution which is providing for the child states an intention to discontinue such care;

Who is in imminent danger of being abused and another child living in the same household or under the care of the same parent, guardian or custodian has been abused;

Who has received negligent treatment of maltreatment from his or her parent, guardian, or other custodian;

Who has resided in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child is ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child;

Who is born addicted or dependent on a controlled substance or has a significant presence of a controlled substance in his or her system at birth;

In whose body there is a controlled substance as a direct and foreseeable consequence of the acts or omissions of the child's parent, guardian, or custodian; or

Who is regularly exposed to illegal drug-related activity in the home.

'Abused' when used with reference to a child, means:

Infliction of physical or mental injury upon a child;

Sexual abuse of exploitation of a child; or

Negligent treatment or maltreatment of a child.

'Negligent treatment' or 'maltreatment' means
failure to provide adequate food, clothing,
shelter, or medical care, which includes medical
neglect, and the deprivation is not due to the
lack of financial means of his or her parent,
guardian, or other custodian.

'Sexual exploitation' means a parent, guardian, or other custodian allows a child to engage in prostitution, or engages a child or allows a child to engage in obscene or pornographic photography, filming, or other forms of illustrating or promoting sexual conduct.

'Physical injury' means bodily harm greater than transient pain or minor temporary marks.

'Mental injury' means harm to a child's psychological or intellectual functioning, which may be exhibited by severe anxiety, depression, withdrawal, or outwardly aggressive behavior, or a combination of those behaviors, and which may be demonstrated by a change in behavior, emotional response, or cognition.

'Sexual abuse' means:

Engaging in, or attempting to engage in, a sexual act or sexual contact with a child;

Causing or attempting to cause a child to engage in sexually explicit conduct; or

Exposing the child to sexually explicit conduct.

'Sexually explicit conduct' means actual or simulated sexual act, sexual contact, bestiality, masturbation, or lascivious exhibition of the genitals, anus, or pubic area.

EXCEPTIONS

D.C. Code Ann. § 16-2301(9), (23)(B) (WESTLAW through 2-23-03)

Deprivation due to the lack of financial means of his or her parent, guardian, or other custodian is not considered neglect.

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.

The term 'abused,' when used with reference to a child, does not include discipline administered by a parent, guardian or custodian to his or her child, provided that the discipline is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. For the purposes of this paragraph, the term 'discipline' does not include:

Burning, biting, or cutting a child;

Striking a child with a closed fist;

Inflicting injury to a child by shaking,
kicking, or throwing the child;

Nonaccidental injury to a child under the age of
18 months;

Interfering with a child's breathing; and

Threatening a child with a dangerous weapon or
using such a weapon upon a child.