§350-1  Definitions.  For the purposes
of this chapter, unless the context specifically indicates otherwise:



"Child abuse or neglect" means the
acts or omissions of any person who, or legal entity which, is in any manner or
degree related to the child, is residing with the child, or is otherwise
responsible for the child's care, that have resulted in the physical or
psychological health or welfare of the child, who is under the age of eighteen,
to be harmed, or to be subject to any reasonably foreseeable, substantial risk
of being harmed.  The acts or omissions are indicated for the purposes of
reports by circumstances that include but are not limited to:



(1)  When the child exhibits evidence of:



(A)  Substantial or multiple skin bruising or
any other internal bleeding;



(B)  Any injury to skin causing substantial
bleeding;



(C)  Malnutrition;



(D)  Failure to thrive;



(E)  Burn or burns;



(F)  Poisoning;



(G)  Fracture of any bone;



(H)  Subdural hematoma;



(I)  Soft tissue swelling;



(J)  Extreme pain;



(K)  Extreme mental distress;



(L)  Gross degradation;



(M)  Death; and



such injury is not justifiably explained, or
when the history given concerning such condition or death is at variance with
the degree or type of such condition or death, or circumstances indicate that
such condition or death may not be the product of an accidental occurrence; or



(2)  When the child has been the victim of sexual
contact or conduct, including, but not limited to, sexual assault as defined in
the Penal Code, molestation, sexual fondling, incest, or prostitution; obscene
or pornographic photographing, filming, or depiction; or other similar forms of
sexual exploitation; or



(3)  When there exists injury to the psychological
capacity of a child as is evidenced by an observable and substantial impairment
in the child's ability to function; or



(4)  When the child is not provided in a timely manner
with adequate food, clothing, shelter, psychological care, physical care,
medical care, or supervision; or



(5)  When the child is provided with dangerous,
harmful, or detrimental drugs as defined by section 712-1240; provided that
this paragraph shall not apply when such drugs are provided to the child
pursuant to the direction or prescription of a practitioner, as defined in
section 712-1240.



"Department" means the department of
human services.



"Report" means the initial oral
statement and, if required by section 350-1.1(c), the subsequent written
account concerning the facts and circumstances which cause a person to have
reason to believe that child abuse or neglect has occurred or that there exists
a substantial risk that child abuse or neglect may occur in the reasonably
foreseeable future. [L 1982, c 77, §1; am L 1983, c 171, §5; am L 1987, c 204,
§3 and c 339, §4; am L 1988, c 141, §29]



 



Revision Note



 



  Section "350-1.1(c)" substituted for
"350-1.1(d)".