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Working definitions of sexual abuse, physical abuse, neglect

The following working definitions are derived from the legal definitions in the State Laws. The language has been simplified in order to increase knowledge and understanding of the Law.

3. Neglect: Different kinds of neglect may result from things that a parent/caretaker does, as well as things that a parent/caretaker doesn’t do.
  • Things that a parent does: Neglect occurs when a parent/caretaker does something to the child that results in physical, mental, or emotional harm; when a parent causes physical injuries which are harmful to the child, but are not as medically serious as those that would meet the definition of physical abuse; and when a parent misuses drugs or alcohol in a way that harms the child physically or emotionally.
  • Things that a parent doesn’t do: Neglect occurs when a child is harmed physically, mentally or emotionally because a parent/caretaker fails to provide a minimal level of care for the child’s basic needs. Poverty, however, is not the same as neglect.
Working Definition:

Neglect occurs when a parent (or person legally responsible) fails to provide a minimum level of care by doing something that inflicts harm, allows harm to be inflicted, or creates an imminent danger of harm. The harm, however, does not result in the kind of serious physical injury that is defined as physical abuse.


  • Excessive use of corporal punishment - Parent uses a stick to punish a child that leaves
         bruising on the legs and buttocks
  • Misuse of drugs or alcohol - (i.e., a four-year-old child is found on a street corner at night
         because the parent is drunk at home and unable to supervise)
  • Misuse of pornography - Parent allows a child to watch pornographic movies on a regular
         basis, and the child begins to act out the scenes with other children at school

    Neglect also occurs if a parent (or person legally responsible) fails to provide a minimum level of care—food, water, clothing, housing, medical and dental care, education and adequate guardianship—to a point at which the child’s health and welfare are compromised.
    Examples:
              - A parent who is homeless refuses to accept emergency housing and is sleeping under
                a bridge with his or her child in the winter
              - A parent doesn’t provide food, and the child is underweight and listless
              - A child’s educational progress is impaired because the parent is aware that the child is
                missing school and fails to do anything about it
              - A child has painful tooth decay and the parent does not seek dental care
              - A preschool child is left home alone by the parent



  • Created by Monroe County Department of Human Services.
    Reviewed and approved by New York State Office of Children and Family
    Services. Copyright 2003.
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