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http://jasonfoundation.com/wp-content/uploads/2017/03/mt-child-abuse-flyer-to-states-1.pdf
● Federal legislation gives a definition to child abuse and neglect, providing a minimum
foundation for state laws.
● Federal Child Abuse Prevention and Treatment Act (CAPTA), (42 U.S.C.A 5106g) was
last amended in 2010 and states child abuse/neglect is
“Any recent act or failure to act on the part of a parent or caretaker which results in death,
serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act
which presents an imminent risk of serious harm.”
http://criminal.findlaw.com/criminal-charges/child-neglect.html
● Survivors experience psychological issues= ex: attention/language deficits and/or reduced
mental function and academic success.
● “...neglect is a separate crime to abuse, though in most other states it's considered part of
child abuse.”
○ “Many states have exemptions for religion - if a parent fails to provide medical
care to his or her child because of their religious belief, then they will not be
found guilty of neglect. In Pennsylvania, the law goes even further: extreme
poverty will exempt a parent of responsibility for neglect.”
Types of Neglect:
http://jasonfoundation.com/wp-content/uploads/2017/03/mt-child-abuse-flyer-to-states-1.pdf
● “Neglect is the failure of a parent, guardian, or other caregiver to provide for a child’s
basic needs. Neglect may be:
Physical (e.g., failure to provide necessary food or shelter, or lack of appropriate supervision)
Medical (e.g., failure to provide necessary medical or mental health treatment)
Educational (e.g., failure to educate a child or attend to special education needs)
Emotional (e.g., inattention to a child’s emotional needs, failure to provide psychological care, or
permitting the child to use alcohol or other drugs)”
Physical Neglect
● Code of Virginia § 63.2-100 : statutory foundation for physical neglect definition
The Virginia Administrative Code provides the regulatory definition for physical neglect:
● (22 VAC 40-705-30 B). Physical neglect occurs when one or more of the TYPES OF
PHYSICAL NEGLECT (listed below) takes place and thus threatens the health/safety of
a child. These types are defined further in VA Code Sec. 63.2-100
https://law.lis.virginia.gov/vacode/63.2-100/
(22 VAC 40-705-30 B1). Can happen once or multiples times, it’s still physical neglect if
it poses as a threat to the child
Mental Abuse/Neglect
The Virginia Administrative Code defines mental abuse/neglect.
(22 VAC 40-705-30 D). Mental abuse/neglect occurs when parent or guardian inflicts or allows
others to inflict mental harm in any other form than an accident. Mental abuse/neglect is also
defined as the “substantial risk of impairment of mental functions.”