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CHILD PROTECTIVE INVESTIGATIONS
INTRODUCTION
34-2-7
Operational
Definitions
OPERATIONAL
DEFINITIONS OF CHILD ABUSE AND NEGLECT
The
following operational definitions are working definitions and examples of child
abuse and neglect. For the purposes of
these operational definitions,
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a person responsible for a child's health, welfare or
care means
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the child’s parent, guardian, foster parent, an employee
of a public or private residential
home, agency or institution or other person legally responsible under State law
for the child’s welfare in a residential setting; or any staff person providing
out-of-home care, including center-based child day care, family day care, or
group day care
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a school employee who holds a certificate, permit or
authorization issued by the State Board of Education; or a staff member of a
private school
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a person given access
to a child is a person
who is given access to a child by
the person responsible for the child’s health, welfare or care or by a person
entrusted with the care of a child
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a person entrusted with the care of a child is a
person who is given access to a child by a person responsible for the health,
welfare or care of a child for the purpose of providing education, child care,
counseling, spiritual guidance, coaching, training, instruction, tutoring or
mentoring.
Cross-Reference: In accordance with Policy
34-2-2, “Investigation
Process”, an allegation of abuse or neglect can be substantiated only if there
is reasonable cause to believe that abuse or neglect has occurred.
Legal References: Connecticut
General Statutes §17a-93, as amended by P.A. 02-138; §17a-103a, as amended by
P.A. 02-138; §17a-101, et. seq., as amended by P.A. 02-106 and P.A.02-138;
§46b-120.
Abuse
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is a non-accidental injury to a child which, regardless
of motive, is inflicted or allowed to be inflicted by the person responsible
for the child's health, welfare or care; by the person given access to the
child; or by the person entrusted
with the child’s care
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is any injury which is at variance with the history given
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is a condition which is the result of maltreatment such
as, but not limited to, malnutrition, sexual molestation, deprivation of
necessities, emotional maltreatment or cruel punishment.
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Type
of Abuse
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Description/Examples
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Physical Abuse
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Physical abuse is
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any physical injury inflicted other than by accidental
means, or injuries at variance with the history given of them, including, but
not limited to, the following examples:
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reddening or blistering of the tissue through
application of heat by fire, chemical substances, cigarettes, matches,
electricity, scalding water, friction, etc.
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injuries to bone, muscle, cartilage, ligaments:
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fractures, dislocations, sprains, strains,
displacements, hematomas, etc.
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misuse
of medical treatments or therapies
or
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Sexual
Abuse and Exploitation
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Sexual
abuse is any incident of sexual contact involving a child which is inflicted
or allowed to be inflicted by the person responsible for the child's health,
welfare or care; by a person given access to the child; or by a person
entrusted with the child’s care.
Sexual
abuse includes, but is not limited to, the following:
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rape
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sexual penetration:
digital, penile, or foreign objects
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oral / genital contact
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indecent exposure for the purpose of sexual
gratification of the offender
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incest
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fondling for the purpose of sexual gratification of the
offender
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sexual exploitation of a child
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coercing or forcing a child to participate in, or be
exposed to, pornography and/or sexual behavior.
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Type
of Abuse
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Description/Examples
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Emotional
Abuse or Maltreatment
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Emotional abuse or maltreatment is a cruel or
unconscionable act(s) and/or statement(s) made, threatened to be made, or
allowed to be made
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by the person responsible for the child's health,
welfare or care
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by a person given access to the child, or
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by a person entrusted with the child’s care
and which
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has an adverse impact on the child, or
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seriously interferes with a child’s positive emotional
development.
The adverse impact may result from a
single event or from a consistent pattern of behavior.
The observable impairment of the child's
psychological, cognitive, emotional and/or social well-being and functioning
must be related to the behavior of the person responsible for the child's
health, welfare or care; by a person given access to the child; or by a
person entrusted with the child’s care.
Types of emotional
abuse include, but are not limited
to, the following:
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rejecting the child
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degrading the child
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isolating the child
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terrorizing the child by exposing the child to violent, brutal, or
intimidating acts or statements, including exposure to family violence
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using cruel or unusual methods of discipline.
Possible
indicators of adverse emotional impact may include, but are not limited to,
the following:
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failure to thrive
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depression
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withdrawal
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low self-esteem
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severe anxiety
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fearfulness
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aggression
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overly passive/compliant
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emotional instability
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sleep disturbances
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physical complaints with no medical basis
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inappropriate behavior for age or development
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suicide attempts or discussion
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extreme dependence
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underachievement
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inability to trust
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stealing
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other forms of abuse present or suspected.
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A
child may be found neglected who
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has been abandoned
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is being denied proper care and attention physically,
educationally, emotionally, or morally
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is being permitted to live under conditions,
circumstances or associations injurious to his well-being
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has been abused.
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Type
of Abuse
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Description/Examples
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Physical Neglect
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Physical neglect is the failure, whether intentional or
not, of the person responsible for the child’s health, welfare or care; of
the person given access to the child; or of the person entrusted with the
child’s care to provide and maintain adequate food, clothing, supervision,
and safety for the child.
Examples of physical neglect include, but are not
limited to, the following:
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action/inaction resulting in death
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abandonment
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action/inaction resulting in the child’s failure to
thrive
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the failure to provide supervision or a reliable person(s)
to provide child care including, but not limited to, the following:
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erratic or impaired behavior by the person responsible
for the child’s health, welfare or care; by a person given access to the
child; or by a person entrusted with the child’s care which adversely impacts
the child
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permitting the child to live under conditions,
circumstances or associations injurious to his well-being including, but not
limited to, the following:
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substance abuse by the person responsible for the
child’s health, welfare or care; by a person given access to the child; or by
a person entrusted with the child’s care which adversely impacts the child
physically
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substance abuse by the mother of a newborn child and
the newborn has a positive urine or meconium toxicology for drugs
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psychiatric problem of the person responsible for the
child’s health, welfare or care, of a person given access to the child; or of
a person entrusted with the child’s care which adversely impacts the child
physically
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exposure to family violence which adversely impacts the
child physically
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non-accidental exposure to pornography or sexual acts
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inability to consistently provide the minimum of
child-caring tasks
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inability to provide or maintain a safe living
environment.
Whether or not the adverse impact has to be
demonstrated is a function of the child’s age, cognitive abilities, verbal
ability and developmental level.
Adverse impact may
not be required if the action/inaction is a single incident that demonstrates
a serious disregard for the child’s welfare.
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Type of Neglect
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Description/Examples
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Medical Neglect
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Medical neglect is the unreasonable delay,
refusal or failure on the part of the
person responsible for the child's health, welfare or care or the person
entrusted with the child’s care to seek, obtain, and/or maintain those
services for necessary medical, dental or mental health care when such person knows, or should reasonably be
expected to know, that such actions may have an adverse impact on the
child. Such actions may include, but not be limited to,
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frequently
missed appointments, therapies or other necessary medical and/or mental
health treatments
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withholding
or failing to obtain or maintain medically necessary treatment from a child
with life-threatening, acute or chronic medical or mental health conditions
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withholding medically indicated treatment from disabled
infants with life-threatening conditions.
Failure to provide the child with immunizations or routine well child
care in and of itself does not constitute medical neglect.
Cross-References:
"Religious Beliefs of Parents
Preventing Needed Medical Care", Policy
34-12-7
"Disabled Infants With Life Threatening
Conditions", Policy
34-12-3
“Medical Review Board”, Policies
26-5-1 through 26-5-5
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Educational Neglect
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Except
as noted below, educational neglect occurs when, by action or inaction,
the parent or person having control of a child five (5) years of age and
older and under eighteen (18) years of age who is not a high school graduate
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fails to register the child in school
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fails to allow the child to attend school or receive home instruction in accordance with CONN. GEN. STAT. §10-184
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fails to take appropriate steps to ensure regular
attendance at school.
Exceptions (in
accordance with CONN. GEN. STAT. §10-184):
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A parent or person having control of a child may
exercise the option of not sending the child to school at age five (5) or age
six (6) years by personally appearing at the school district office and
signing an option form. In these
cases, educational neglect occurs if the parent or person having control of
the child has registered the child at age five (5) or age (6) years and then
does not allow the child to attend school or receive home instruction.
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A parent or person having control of a child sixteen
(16) or seventeen (17) years of age may consent to such child’s withdrawal
from school. Such parent or person
shall personally appear at the school district office and sign a withdrawal
form.
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Type of Neglect
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Description/Examples
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Emotional Neglect
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Emotional neglect is the denial of proper care and
attention, or failure to respond, to a child’s affective needs by the person
responsible for the child's health, welfare or care; by the person given access to the child; or by the person
entrusted with the child’s care which has an adverse impact on the child or
seriously interferes with a child’s positive emotional development.
Examples
of emotional neglect include, but are not limited to, the following:
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having inappropriate expectations of the child given
the child's developmental level
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failure to provide the child with appropriate support,
attention and affection
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permitting the child to live under conditions,
circumstances or associations injurious to his well-being including, but not
limited to, the following:
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substance abuse by the person responsible for the
child’s health, welfare or care; by a person given access to the child; or by
a person entrusted with the child’s care which adversely impacts the child
emotionally
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psychiatric problem of the person responsible for the
child’s health, welfare or care; of a person given access to the child; or of
a person entrusted with the child’s care which adversely impacts the child emotionally
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exposure to family violence which adversely impacts the
child emotionally.
Possible indicators of
adverse emotional impact may include, but are not limited to, the following:
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failure to thrive
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depression
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withdrawal
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low self-esteem
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severe anxiety
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fearfulness
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aggression
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overly passive/compliant
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emotional instability
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sleep disturbances
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physical complaints with no medical basis
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inappropriate behavior for age or development
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suicide attempts or discussion
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extreme dependence
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underachievement
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inability to trust
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stealing
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other
forms of abuse present or suspected.
Whether or not the
adverse impact has to be demonstrated is a function of the child’s age,
cognitive abilities, verbal ability and developmental level. Adverse impact may not be required if the
action/inaction is a single incident which demonstrates a serious disregard
for the child’s welfare.
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Moral Neglect
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Moral neglect is the denial
of proper care and attention to the child by the person responsible for the
child’s health, welfare or care; person given access to the child or person
entrusted with the child’s care by encouraging the child to engage in illegal
activities such as, but not limited to,
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Connecticut Department of Children and Families
Effective Date: April 13,
2003
(Revised)
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