Definitions of Abuse
Some cases of child abuse and neglect are easily recognized: an infant left alone in a hot car; a one-year old with multiple unexplained fractures; or a child who repeatedly is locked out of the house for long periods of time. However, these cases represent only a fraction of the many children who are in need of professional help. What about the more subtle forms of abuse or neglect: verbal abuse; poor supervision; or overly strict discipline? The key to recognizing the various forms of child maltreatment is a basic understanding of the meaning of the terms child abuse and neglect. There are numerous factors involved in defining child abuse and neglect: culture and ethnic backgrounds; attitudes concerning parenting; and professional training and affiliation. In seeking commonly acceptable meanings, it is helpful to begin by distinguishing the differences between abuse and neglect.
Two basic forms of child maltreatment are recognized: the abuse of a child and the neglect of a child.
Abuse: abuse represents an action against a child. It is an act of commission and is generally characterized in three categories:
Neglect: Neglect is failure to act on behalf of a child. It is an act of omission and is generally characterized in two categories:
Abuse: abuse represents an action against a child. It is an act of commission and is generally characterized in three categories:
- Physical abuse: The non-accidental injury of a child.
- Sexual abuse: Any sexual activity upon or with a child. The act may be for the sexual gratification of the perpetrator or a third party, but sexual gratification is not always required.
- Emotional abuse: Chronic acts which interfere with the psychological and/or social development of a child.
Neglect: Neglect is failure to act on behalf of a child. It is an act of omission and is generally characterized in two categories:
- Physical neglect: Failure to meet the requirements basic to a child’s physical development, such as supervision, housing, clothing, medical attention, nutrition, and support.
- Emotional neglect: Failure to provide the support and/or affection necessary for the child’s psychological and social development. For purposes of reporting, some agencies will further break the categories of neglect into more specific acts of omission, such as medical neglect, educational neglect, or lack of proper supervision.
How Does the Law Define Child Abuse or Neglect?
Abused child defined. (Ohio Revised Code 2151.031)
An “abused child" includes any child who:
(1) Is the victim of “sexual activity” as defined under Chapter 2907 of the Revised Code, where such activity would constitute an offense under that chapter, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child;
(2) Is endangered as defined in section 2919.22 of the Revised Code, except that the court need not find that any person has been convicted under that section in order to find that the child is an abused child;
(3) Exhibits evidence of any physical or mental injury or death, inflicted other than by accidental means, or an injury or death which is at variance with the history given of it. Except as provided in division (4) of this section, a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent, guardian, custodian, person having custody or control, or person in loco parentis of a child is not an abused child under this division if the measure is not prohibited under section 2919.22 of the Revised Code.
(4) Because of the acts of his parents, guardian or custodian, suffers physical or mental injury that harms or threatens to harm the child’s health or welfare.
(5) Is subjected to out-of-home care child abuse.
Neglected child defined. (2151.03)
A “neglected child” includes any child:
(1) Who is abandoned by the child’s parents, guardian, or custodian;
(2) Who lacks adequate parental care because of the faults or habits of the child’s parents, guardian, or custodian;
(3) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child’s health, morals, or well being;
(4) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of sections 5103.16 and 5103.17 of the Revised Code;
(5) Who, because of the omission of the child’s parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child’s health or welfare;
(6) Who is subjected to out-of-home care child neglect.
Dependent child defined. (2151.04)
As used in this chapter, “dependent child” means any child:
(1) Who is homeless or destitute or without adequate parental care, through no fault of the child’s parents, guardian, or custodian;
(2) Who lacks adequate parental care by reason of the mental or physical condition of the child’s parents, guardian , or custodian;
(3) Whose condition or environment is such as to warrant the state, in the interests of the child, in assuming the child’s guardianship;
(4) To whom both of the following apply:
a. The child is residing in a household in which a parent, guardian, custodian, or other member of the household committed an act that was the basis for an adjudication that a sibling of the child or any other child who resides in the household is an abused, neglected, or dependent child.
b. Because of the circumstances surrounding the abuse, neglect, or dependency of a sibling or other child and the other condition in the household of the child, the child is in danger of being abused or neglected by that parent, guardian, custodian, or member of the household.
Sex offenses general definitions. (Excerpted from 2907.01)
As used in sections 2907.01 to 2907.38 of the Revised Code:
(1) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(2) “Sexual contact” means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(3) “Sexual activity” means sexual conduct or sexual contact, or both.
An “abused child" includes any child who:
(1) Is the victim of “sexual activity” as defined under Chapter 2907 of the Revised Code, where such activity would constitute an offense under that chapter, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child;
(2) Is endangered as defined in section 2919.22 of the Revised Code, except that the court need not find that any person has been convicted under that section in order to find that the child is an abused child;
(3) Exhibits evidence of any physical or mental injury or death, inflicted other than by accidental means, or an injury or death which is at variance with the history given of it. Except as provided in division (4) of this section, a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent, guardian, custodian, person having custody or control, or person in loco parentis of a child is not an abused child under this division if the measure is not prohibited under section 2919.22 of the Revised Code.
(4) Because of the acts of his parents, guardian or custodian, suffers physical or mental injury that harms or threatens to harm the child’s health or welfare.
(5) Is subjected to out-of-home care child abuse.
Neglected child defined. (2151.03)
A “neglected child” includes any child:
(1) Who is abandoned by the child’s parents, guardian, or custodian;
(2) Who lacks adequate parental care because of the faults or habits of the child’s parents, guardian, or custodian;
(3) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child’s health, morals, or well being;
(4) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of sections 5103.16 and 5103.17 of the Revised Code;
(5) Who, because of the omission of the child’s parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child’s health or welfare;
(6) Who is subjected to out-of-home care child neglect.
Dependent child defined. (2151.04)
As used in this chapter, “dependent child” means any child:
(1) Who is homeless or destitute or without adequate parental care, through no fault of the child’s parents, guardian, or custodian;
(2) Who lacks adequate parental care by reason of the mental or physical condition of the child’s parents, guardian , or custodian;
(3) Whose condition or environment is such as to warrant the state, in the interests of the child, in assuming the child’s guardianship;
(4) To whom both of the following apply:
a. The child is residing in a household in which a parent, guardian, custodian, or other member of the household committed an act that was the basis for an adjudication that a sibling of the child or any other child who resides in the household is an abused, neglected, or dependent child.
b. Because of the circumstances surrounding the abuse, neglect, or dependency of a sibling or other child and the other condition in the household of the child, the child is in danger of being abused or neglected by that parent, guardian, custodian, or member of the household.
Sex offenses general definitions. (Excerpted from 2907.01)
As used in sections 2907.01 to 2907.38 of the Revised Code:
(1) “Sexual conduct” means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(2) “Sexual contact” means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(3) “Sexual activity” means sexual conduct or sexual contact, or both.
