MALTREATMENT DEFINITIONS
ABUSE
“Abuse” means any of the following acts or omissions by a parent, guardian, custodian, foster parent, or any person who is entrusted with the juvenile's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible for the juvenile's welfare:
I. Extreme and repeated cruelty to a juvenile; or
II. Physical, psychological, or sexual abuse of any juvenile, which includes, but is not limited to,
intentionally knowingly, or negligently and without justifiable cause:
A. Engaging in conduct creating a substantial possibility of death, permanent or temporary disfigurement, illness, impairment of any bodily organ, or an observable and substantial impairment in the intellectual or psychological capacity of the juvenile to function within his normal range of performance and behavior with due regard to his culture;
B. Any nonaccidental physical injury or mental
injury; or
C. Any injury which is at variance with the
history given.
"Sexual abuse"
includes solicitation or participation in sexual activity with a juvenile by an
adult or person responsible for the care and maintenance of the juvenile.
Sexual abuse also includes any offense relating to sexual activity, abuse, or
exploitation, including rape and incest, as set out and defined in the Arkansas
Criminal Code and amendments thereto, § 5-1-101 et seq;
"Neglect" means those
acts or omissions of a parent, guardian, custodian, foster parent, or any
person who is entrusted with the juvenile's care by a parent, custodian,
guardian, or foster parent, including, but not limited to, an agent or employee
of a public or private residential home, child care facility, public or private
school, or any person legally responsible under state law for the juvenile's
welfare, which constitute:
A.
Failure
or refusal to prevent the abuse of the juvenile when such person knows or has
reasonable cause to know the juvenile is or has been abused;
B.
Failure
or refusal to provide the necessary food, clothing, shelter, and education
required by law, or medical treatment necessary for the juvenile's well-being,
except when the failure or refusal is caused primarily by the financial
inability of the person legally responsible and no services for relief have
been offered or rejected;
C.
Failure
to take reasonable action to protect the juvenile from abandonment, abuse,
sexual abuse, sexual exploitation, neglect, or parental unfitness where the
existence of such condition was known or should have been known;
D.
Failure
or irremediable inability to provide for the essential and necessary physical,
mental, or emotional needs of the juvenile.
EXEMPTED FROM TRUE DUE TO RELIGIOUS EXEMPTION
Determination will be entered
when the parent’s decision to withhold medical treatment is based solely upon a
religious belief and the child is furnished with treatment by spiritual means
alone, through prayer, in accordance with a recognized religious method of
healing by an accredited practitioner. Such prohibition shall not limit the
administrative or judicial authority of the State to ensure that medical
services are provided to the child when the child’s health requires it.
PREPONDERANCE OF THE EVIDENCE
Evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is,
evidence which as a whole shows that the fact to be proved is more probable
than not.
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AR
DHS Statistical Report SFY 2000 |
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3-11 |