May 2008
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What is Abuse?


What is Child Abuse and Neglect?

RCW 26-44-020 (12) defines abuse and neglect as injury, sexual abuse, sexual exploitation, negligent treatment or maltreatment of a child by any person under circumstances which indicate that the child's health, welfare, and safety is harmed. Abuse and neglect does NOT include the physical discipline of a child as defined in RCW 9A.16.100.

Negligence further defined

Under RCW 26-44-020 (15), "Negligent treatment or maltreatment" means an act or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to the child's health, welfare, and safety.

Examples of abuse and neglect

  • Injury to a child that is not accidental and causes broken bones, bruises, burns, or cuts;
  • Driving while intoxicated and having a child in the vehicle;
  • Taking pornographic pictures of a child;
  • Interfering with a child's breathing;
  • Threatening a child with a deadly weapon.

There are other actions that can be considered child abuse and neglect. Each case must be considered separately to determine if the child's health, safety or welfare has been harmed or is at risk of being harmed.

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Types of Child Abuse and Neglect

Physical injury
A physically abused child is one who has sustained non-accidental physical injury or injuries such as: bruises, burns, fractures, bites, internal injuries, auditory, dental, ocular or brain damage, etc. Injuries sustained may be permanent or temporary.

Mental injury
A child who has been injured mentally is one who sustains damage to intellectual, psychological, emotional or psychological functioning which is clearly attributable to the non-accidental acts or omissions of the parent or guardian. Examples of a parental or caretaker behaviors include a pattern of rejecting, isolating, ignoring, corrupting or terrorizing a child.

Sexual abuse
There is a wide range of sexual offenses defined in the Washington state criminal code involving children that constitute sexual abuse such as: indecent liberties, communication with a minor for immoral purposes, sexual exploitation of a minor, child molestation, sexual misconduct with a minor, rape of a child and rape.

Neglect
Negligent treatment or maltreatment (a dangerous act) is that which constitutes a clear and present danger to the child’s health, welfare, and safety such as:

  • Failure to provide adequate food, clothing, shelter, emotional nurturing or health care;
  • Failure to provide adequate supervision in relation to a child’s level of development;
  • An act of abandonment;
  • An act of exploitation;
  • An act of reckless endangerment;
  • Other dangerous acts such as hitting, kicking, throwing, choking a child or shaking an infant.
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