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The key federal legislation regulating child abuse and neglect is the Child Abuse Prevention Treatment Act (CAPTA). CAPTA has been reauthorized many times over the years since it was first introduced in 1974. With each subsequent reauthorization, amendments have been made to CAPTA that have expanded and refined the scope of societal responses to child maltreatment. CAPTA was most recently reauthorized in 2010 and defines child abuse and neglect as “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.” This definition applies to all types of maltreatment of persons under the age of 18 by a parent, caregiver, or another person in a custodial role (e.g., clergy, coach, or teacher).

Forms of Child Abuse

The Centers for Disease Control and Prevention include four types of child abuse and neglect in the definition of child maltreatment: physical abuse, sexual abuse, emotional abuse, and neglect. Physical abuse is described as the intentional use of physical force against a child that results in, or has the potential to result in, physical injury. It includes physical acts ranging from those that do not leave a physical mark on the child to those acts that cause permanent disability, disfigurement, or death (e.g., hitting, kicking, punching, and beating). Sexual abuse is any completed or attempted (noncompleted) sexual act with, sexual contact with, or sexual exploitation of a child by a caregiver. Sexual acts include, but are not limited to, fondling, rape, and exposing a child to sexual activities.

Emotional abuse, also referred to as psychological or mental abuse, involves acts or omissions by parents or other caretakers who have caused or could cause serious behavioral, cognitive, emotional, or mental disorders. Such abuse conveys to a child that he or she is worthless, flawed, unloved, unwanted, endangered, or valued only in meeting another's needs. The final type of maltreatment, neglect, occurs when a caregiver fails to meet a child's basic physical, emotional, medical/dental, or educational needs. Such acts can include failing to provide adequate nutrition, hygiene, shelter, emotional responsiveness, medical care, or adequate education.

Child abuse is further divided into two forms: acts of commission and acts of omission. Acts of commission are deliberate actions that cause harm, potential harm, or threat of harm to a child. Physical abuse, sexual abuse, and psychological abuse are all acts of commission. Though these acts are deliberate, harm to a child may not necessarily be the intended consequence. Intentionality only applies to the parent or caregiver's acts as opposed to the consequences of those acts. Acts of omission occur when caregivers fail to provide a child's basic physical, emotional, or educational needs or fail to protect a child from harm or potential harm. Neglect is categorized as an act of omission. Like acts of commission, harm to a child may or may not be an intended consequence of the act.

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