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

"Child abuse or neglect" means theacts or omissions of any person who, or legal entity which, is in any manner ordegree related to the child, is residing with the child, or is otherwiseresponsible for the child's care, that have resulted in the physical orpsychological 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 riskof being harmed.  The acts or omissions are indicated for the purposes ofreports by circumstances that include but are not limited to:

(1)  When the child exhibits evidence of:

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

(B)  Any injury to skin causing substantialbleeding;

(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, orwhen the history given concerning such condition or death is at variance withthe degree or type of such condition or death, or circumstances indicate thatsuch condition or death may not be the product of an accidental occurrence; or

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

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

(4)  When the child is not provided in a timely mannerwith 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 thatthis paragraph shall not apply when such drugs are provided to the childpursuant to the direction or prescription of a practitioner, as defined insection 712-1240.

"Department" means the department ofhuman services.

"Report" means the initial oralstatement and, if required by section 350-1.1(c), the subsequent writtenaccount concerning the facts and circumstances which cause a person to havereason to believe that child abuse or neglect has occurred or that there existsa substantial risk that child abuse or neglect may occur in the reasonablyforeseeable 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)".