Child Abuse Prevention and Treatment Act (CAPTA), reauthorized again in the Keeping Children and Families Safe Act of 2003 (P.L. 108-36), provides minimum standards for defining child physical abuse, neglect, and sexual abuse that States must incorporate into their statutory definitions in order to receive Federal funds. Under this Act, child maltreatment is defined as:
Any recent act or failure to act on the part of a parent or caregiver, 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.
A "child" under this definition generally means a person who is under the age of 18 or who is not an emancipated minor. In cases of child sexual abuse, a "child" is one who has not attained the age of 18 or the age specified by the child protection law of the State in which the child resides, whichever is younger.
Instances of neglect are classified as mild, moderate, or severe.
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Mild neglect usually does not warrant a report to Child Protective Services (CPS), but might necessitate a community-based intervention (e.g., a parent failing to put the child in a car safety seat).
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Moderate neglect occurs when less intrusive measures, such as community interventions, have failed or some moderate harm to the child has occurred (e.g., a child consistently is inappropriately dressed for the weather, such as being in shorts and sandals in the middle of winter). For moderate neglect, CPS may be involved in partnership with community support.
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Severe neglect occurs when severe or long-term harm has been done to the child (e.g., a child with asthma who has not received appropriate medications over a long period of time and is frequently admitted to the hospital). In these cases, CPS should be and is usually involved, as is the legal system.
Viewing the severity of neglect along this continuum helps practitioners assess the strengths and weaknesses of families and allows for the possibility of providing preventive services before neglect actually occurs or becomes severe. There is some controversy over whether "potential harm" should be considered neglect, and, as with the definition of neglect, State laws vary on this issue. Although it is difficult to assess potential harm as neglect, it can have emotional as well as physical consequences, such as difficulty establishing and maintaining current relationships or those later in life.
The seriousness of the neglect is determined not only by how much harm or risk of harm there is to the child, but also by how chronic the neglect is. Chronicity can be defined as "patterns of the same acts or omissions that extend over time or recur over time." An example of chronic neglect would be parents with substance abuse problems who do not provide for the basic needs of their children on an ongoing basis. On the other hand, caregivers might have minor lapses in care, which are seldom thought of as neglect, such as occasionally forgetting to give their children their antibiotics. However, if those children were frequently missing doses, it may be considered neglect. Some situations only need to occur once in order to be considered neglect, such as leaving an infant unattended in a bathtub. Because some behaviors are considered neglect only if they occur on a frequent basis, it is important to look at the history of behavior rather than focusing on one particular incident.
Sources:
[1] Definition and Scope of Neglect, Child Welfare Information Gateway, U.S. Department of Health and Human Service
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