How do you define child abuse?

At Heritage Defense, we defend our member families against false allegations of child abuse and neglect. But how does the law define child abuse? And how is it different from neglect? 

Each state has its own definitions.

Some states define child abuse simply as physical harm, while others get more specific, listing actions such as kicking, biting, shaking, burning, scratching, etc. But many of these definitions also contain elements that are broad, vague, and open to interpretation. Some define abuse to include emotional or psychological harm or “failure to thrive.”

When it comes to definitions of neglect, some states refer to putting a child at risk of physical or mental harm. Some specifically include medical and educational neglect. 

Often, these definitions include terms that are broad, vague, and subjective. This may allow relatively innocent situations to be treated like abuse or neglect by an ill-informed or overzealous social worker.

Importantly, definitions of abuse or neglect for child welfare generally go beyond criminal definitions. This means actions that are not crimes can still result in a CPS investigation, removal of children, and even termination of parental rights.

To help you find your state’s law, we have compiled statutory definitions of abuse, neglect, and some related definitions in every state.