Child Abuse (CPS)
(*Definition as per “The Child Protective Services Law”,
Chapter 63, Act 127 of 1998 6303. (b)
The term “child abuse” shall mean any of the following
Any recent act or failure to act by a perpetrator, which causes non-accidental serious physical injury to a child under 18 years of age.
An act or failure to act by a perpetrator, which causes non-accidental serious mental injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
Any recent act, failure to act or series of such acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under 18 years of age.
Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide the essentials of life, including adequate medical care, which endangers a child’s life or development or impairs the child’s functioning.
No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child’s welfare, such as inadequate housing, furnishings, income, clothing, and medical care.
If, upon investigation, the county agency determines that a child has not been provided needed medical or surgical care because of seriously held religious beliefs of the child’s parents, guardian, or person responsible for the child’s welfare, which beliefs are consistent with those of a bona fide religion, the child shall not be deemed to be physically or mentally abused. The county agency shall closely monitor the child and shall seek court-ordered medical intervention when the lack of medical or surgical care threatens the child’s life or long-term health. In cases involving religious circumstances, all correspondence with a subject of the report and the records of the Department of Public Welfare and the county agency shall not reference “child abuse” and shall acknowledge the religious basis for the child’s condition, and the family shall be referred for general protective services, if appropriate.
SERIOUS BODILY INJURY
Bodily injury, which creates a substantial risk of death, or which causes serious permanent disfigurement, or protracted loss or impairment, of function of any bodily member or organ.
SERIOUS MENTAL INJURY
A psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that:
Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child’s life or safety is threatened; or
Seriously interferes with a child’s ability to accomplish age-appropriate developmental and social tasks.
SERIOUS PHYSICAL INJURY
An injury that:
Causes a child severe pain; or
Significantly impairs a child’s physical functioning, either temporarily or permanently.
SEXUAL ABUSE OR EXPLOITATION
The employment, use, persuasion, inducement, enticement or coercion of any child to engage in or assist any other person to engage in any sexually explicit conduct or any simulation of any sexually explicit conduct for the purpose of producing any visual depiction, including photographing, videotaping, computer depicting or filming, of any sexually explicit conduct or the rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, statutory sexual assault or other form of exploitation of children.