MALTREATMENT DEFINITIONS

 

 

ABUSE

 

“Abuse” means any of the following acts or omissions by a parent, guardian, custodian, foster parent, or any person who is entrusted with the juvenile's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible for the juvenile's welfare:

 

 I.         Extreme and repeated cruelty to a juvenile; or

 

II.          Physical, psychological, or sexual abuse of any juvenile, which includes, but is not limited to, intentionally knowingly, or negligently and without justifiable cause:

   

A.      Engaging in conduct creating a substantial possibility of death, permanent or temporary disfigurement, illness, impairment of any bodily organ, or an observable and substantial impairment in the intellectual or psychological capacity of the juvenile to function within his  normal range of performance and behavior with due regard to his culture;

 

            B.  Any nonaccidental physical injury or mental injury; or

 

            C.  Any injury which is at variance with the history given.

 

 

SEXUAL ABUSE

 

"Sexual abuse" includes solicitation or participation in sexual activity with a juvenile by an adult or person responsible for the care and maintenance of the juvenile. Sexual abuse also includes any offense relating to sexual activity, abuse, or exploitation, including rape and incest, as set out and defined in the Arkansas Criminal Code and amendments thereto, § 5-1-101 et seq;

 

 

NEGLECT

 

"Neglect" means those acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the juvenile's care by a parent, custodian, guardian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible under state law for the juvenile's welfare, which constitute:

 

A.      Failure or refusal to prevent the abuse of the juvenile when such person knows or has reasonable  cause to know the juvenile is or has been abused;

 

B.      Failure or refusal to provide the necessary food, clothing, shelter, and education required by law, or medical treatment necessary for the juvenile's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered or rejected;

 

C.      Failure to take reasonable action to protect the juvenile from abandonment, abuse, sexual abuse sexual exploitation, neglect, or parental unfitness where the existence of such condition was known or should have been known;

 

D.      Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional needs of the juvenile.