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Lesson Four:
The Definition and Identification of Child Abuse and Neglect
Contents:
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Definitions of child abuse
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Physical indicators of child abuse
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Behavioral Indicators of child abuse
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What is not child abuse
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Guidelines for the assessment of child abuse
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Characteristics and behaviors of abusive parents
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Objectives: After completing this module, the mandated reporters will be
able to…
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Identify the types of child abuse
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Describe physical indicators of child abuse
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Describe behavioral indicators of child abuse
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Identify what does not qualify as child abuse, including criteria
related to sex between minors
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Describe general guidlines for the assessment of child abuse
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Identify reportable situations of child abuse or neglect
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Describe characteristics and behaviors of abusive parents
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What is Child Abuse?
The California Penal Code (PC) defines child abuse as: “a physical injury which
is inflected by other than accidental means on a child by another person.” This
also includes emotional abuse, sexual abuse, neglect or abuse in out-of-home care.
Child abuse does not include a “mutual affray between minors,”
“reasonable and necessary force used by a peace officer” under specified
circumstances, or spanking that is reasonable and age appropriate and does not
expose the child to risk of serious injury. (P.C. 11165.6, Welfare and Institutions
Code (W&IC) Section 300.)
The California Child Abuse Reporting Law is found in Penal Code Sections 11165-11174.3.
The following is only a partial description of the statute. Mandated reporters should
become familiar with the detailed requirements as they are set forth in the Penal
Code (P.C.).
Under the law, when the victim is a child (a person under the age of 18) and the
perpetrator is any person (including a child), the following types of abuse must be
reported by all legally mandated reporters:
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A physical injury inflicted by other than accidental means on a child.
(P.C. 11165.6).
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| B. |
Child sexual abuse including both sexual assault and sexual exploitation. Sexual
assault includes sex acts with children, intentional masturbation in the presence
of children and child molestation. Sexual exploitation includes preparing, selling
or distributing pornographic materials involving children, performances involving
obscene sexual conduct and child prostitution. (P.C. 11165.1)
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| C. |
Willful cruelty or unjustified punishment, including inflicting or permitting
unjustifiable physical pain or mental suffering, or the endangerment of the
child’s person or health. (P.C. 11165.3). “Mental suffering”
in and of itself is not required to be reported. However, it may be reported.
(P.C. 11166[b]).
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| D. |
Unlawful corporal punishment or injury, willfully inflicted, resulting
in a traumatic condition. (P.C. 11165.4)
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| E. |
Neglect of a child, whether “severe” or “general,”
must also be reported if the perpetrator is a person responsible for the
child’s welfare. It includes acts or omissions harming or threatening
to harm the child’s health or welfare. (P.C. 11165.2)
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| F. |
Any of the above types of abuse or neglect occurring in out-of-home care.
(P.C. 11165.5).
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