Definitions of Child Abuse and Neglect Mississippi

Statute: § 43-21-105(d)-(g),(l)-(n),(v)

Standard

Caused or allowed to be caused

Exemption

Corporal punishment

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

Abandonment

DEFINITIONS

Miss. Code Ann. § 43-21-105(d)-(h), (l)-(n), (v) (West, WESTLAW through End of 2002 2nd Ex. Sess.)

'Child' and 'youth' are synonymous, and each means a person who has not reached his 18th birthday. A child who has not reached his 18th birthday and is on active duty for a branch of the armed services or is married is not considered a 'child' or 'youth' for the purposes of this chapter.

'Parent' means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted.

'Neglected child' means a child:

Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; or

Who is otherwise without proper care, custody, supervision or support; or

Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether said mental condition be mentally retarded or mentally ill; or

Who, for any reason, lacks the care necessary for his health, morals or well-being.
'Abused child' means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused upon said child sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment.

'Sexual abuse' means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened.

'Any person responsible for care or support'
EXCEPTIONS

Miss. Code Ann. § 43-21-105(1)(i), (m) (West, WESTLAW through End of 2002 2nd Ex. Sess.)

A parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter.

Physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section.
 

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