Child Protection

Definition and Forms of Maltreatment

There is no single, authoritative definition of child abuse and neglect. Both federal and state laws define child abuse and neglect, with federal law providing a general definition that states tend to elaborate on in their civil and criminal codes. The federal definition, found in the Child Abuse Prevention and Treatment Act of 1974, provides that child abuse and neglect includes, as to a child under 18 years of age: “Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation” or “an act or failure to act which presents an imminent risk of serious harm.”

State laws aimed at protecting children provide greater definitional detail. They commonly enumerate and define what constitutes each of several forms of child maltreatment. These forms include neglect, physical abuse, sexual abuse, and emotional abuse. Insofar as each state's definition may differ, it is important for educators to consult the provisions found in their state codes in order to appreciate the scope of child protection provisions applicable in their jurisdiction.

Evolution of the Role of the State

The legal status of children has varied dramatically over time and across cultures. Historically, in many cultures, children enjoyed no independent legal recognition from their parents or the family. In such times and cultures, the actions of parents with respect to their offspring were largely unchecked by societal authority, as evidenced in the extreme by the legally sanctioned practice of infanticide.

Over time, children in many societies have come to be legally recognized as individuals with interests separate and distinct from those of their parents. In such societies, including the United States, the government or state has not only accorded children independent legal status, but also moved, under the doctrine of parens patriae, to pierce family boundaries and interpose itself between the parent and child where the child's welfare is threatened by the action or omission of the parents.

While extreme forms of maltreatment have long been prohibited in the United States, significant changes in the legal status and level of protection afforded children began to emerge in the late 19th century with the introduction of juvenile courts, and they grew throughout the 20th century with the first White House Conference on Children in 1909 and the creation of a national Children's Bureau in 1912, followed a decade later by congressional action encouraging the formation of similar bureaus at the state level. As concern about the welfare of children grew, the rights of parents with respect to their offspring were being moderated.

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