Child Abuse Laws State-by-State

All states have child abuse laws that are designed to help protect children at each stage in the timeline of abuse. For the first stage, states have implemented mandatory and permissive reporting laws – with immunity (and in most states, anonymity) granted to reporters of known or suspected child abuse. Mandatory and permissive reporting laws help to raise awareness of child abuse and bring the authorities in early to intervene. The second stage of child abuse laws are definitional in nature. States differ quite a bit on what constitutes child abuse, especially when it comes to exemptions.
At the third stage comes administrative services, where the courts work with social services to determine a safe and supportive environment for the child if the child is to be taken away from his or her family. Each state has vastly different statutory law and case law, and much of this process is up to the discretion of a judge, so if you have an issue at this stage of the process, it is critical that you seek the help of a qualified attorney.
Below is a sampling of the variety of child abuse laws, and how they vary state-by-state.

Alabama	Statute defines child abuse as harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury against a child under the age of 18. Statute contains an exemption for religious reasons for a parent's failure to obtain medical help for the child.
Alaska	Statute defines child abuse as harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury of a child under the age of 18. Statute contains an exemption for religious reasons for a parent's failure to obtain medical help for the child.
Arizona	Statute defines child abuse as inflicting or allowing physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment of a child under the age of 18. Statute contains an exemption for Christian Scientists or unavailability of reasonable resources for a parent's failure to obtain medical help for the child.
Arkansas	Statute defines child abuse as intentionally, knowingly, or negligently without cause inflicting physical abuse, neglect, sexual abuse, sexual exploitation, abandonment or emotional/mental injury of a child under the age of 18. Statute contains exemptions for poverty or corporal punishment.
California	Statute defines child abuse as inflicting by non-accidental means physical abuse, neglect, sexual abuse, or sexual exploitation of a child under the age of 18. Statute contains exemptions for religion, reasonable force, and informed medical decision.
Colorado	Statute prohibits threats to a child's health and welfare due to physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemptions for corporal punishment, reasonable force, religious practices, and cultural practices.
Connecticut	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemption for Christian Scientists.
Delaware	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, sexual exploitation, emotional/mental injury, or abandonment. Statute contains exemption for religion.
District Of Columbia	Statute prohibits persons from inflicting and requires people to take reasonable care not to inflict injuries involving physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemption for poverty and religion.
Florida	Statute prohibits willful or threatened act that harms or is likely to cause harm of physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion, poverty, or corporal punishment.
Georgia	Statute prohibits injuries inflicted by non-accidental means involving physical abuse, neglect, sexual abuse, or sexual exploitation. Statute contains exemption for religion and corporal punishment.
Hawaii	Statute prohibits acts or omissions resulting in the child being harmed or subject to any reasonably foreseeable, substantial risk of being harmed with physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Idaho	Statute prohibits conduct or omission resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemption for religion.
Illinois	Statute prohibits persons from inflicting, causing to be inflicted, or allowing to be inflicted, or creating a substantial risk, or committing or allowing to be committed, physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion, school attendance, and plan of care.
Indiana	Statute prohibits act or omission resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion, prescription drugs, or corporal punishment.
Kentucky	Statute prohibits harm or threat of harm, or infliction or allowance of infliction of physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion.
Maryland	Statute prohibits harm or substantial risk of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Michigan	Statute prohibits harm or threatened harm of physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion.
Mississippi	Statute prohibits persons from causing or allowing to be caused physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemption for religion and corporal punishment.
Nebraska	Statute prohibits knowingly, intentionally, or negligently causing or permitting physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
New Mexico	Statute prohibits knowingly, intentionally, or negligently causing or permitting physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemption for religion.
North Dakota	Statute prohibits serious harm caused by non-accidental means resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains no exemptions.
Oklahoma	Statute prohibits harm or threat of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains exemptions for religion or corporal punishment.
Pennsylvania	Statute prohibits recent act or failure to act resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains exemptions for religion or poverty.
South Dakota	Statute prohibits threat with substantial harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, abandonment, or emotional/mental injury. Statute contains no exemptions.
Tennessee	Statute prohibits persons from committing or allowing to be committed physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Utah	Statute prohibits harm or threat of harm resulting in physical abuse, neglect, sexual abuse, sexual exploitation, or emotional/mental injury. Statute contains no exemptions.
Washington	Statute prohibits harm of health, welfare, or safety resulting from physical abuse, neglect, sexual abuse, or sexual exploitation. Statute contains exemptions for Christian Scientists, corporal punishment, or physical disability.
Wyoming	Statute defines child abuse as inflicting or causing of physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means including abandonment, excessive/unreasonable corporal punishment, malnutrition, intentional or unintentional neglect or the commission of a sexual offense.

• Detailed State-by-State Information on Child Abuse Laws (FindLaw's State Laws)

Looking for Help with a Child Abuse Case? Get a Free Case Review

Child abuse is a very serious issue and often there are observable warning signs before the abuse gets worse. However, sometimes these signs may not be as obvious or may not appear to be that serious. The good news is that an experienced family law attorney can help you determine whether any warning signs are concerning and, if so, what options are available in your state to protect your children. Don't wait until its too late. Get in touch with an attorney today for a free initial review of your case and to figure out your next steps.

Child Abuse Cases

Child abuse occurs when a parent or caretaker physically, emotionally, or sexually abuses, neglects, or abandons a child. Laws regarding child abuse seek to protect children, while at the same time allowing parents the right to raise and discipline their children as they see fit. Controversies over child abuse laws can arise when parents or guardians feel that the government is interfering in their private family lives or have removed a child from the home unnecessarily.
History of Child Abuse in the United States
Child abuse has a lengthy history. Children have been subject to abuse by their parents or other adults since presumably the beginning of time. For many centuries laws failed to protect children from abuse. Children under English common law were considered the property of their fathers, as women were considered property of their husbands, until the late 1800s. American colonists in the 16th and 17th centuries carried the tradition of children being property of their fathers to the early years of the United States.
In the early 1870s, child abuse captured the nation's attention with news that an 8 year old orphan named Mary Ellen Wilson was suffering daily whippings and beatings at her foster home. With no organization in existence to protect abused children, the orphan's plight fell to attorneys for the American Society for the Prevention of Cruelty to Animals (ASPCA). These attorneys argued that laws protecting animals from abuse should not be greater than laws protecting children. Mary Ellen Wilson's case went before a judge, who convicted the foster mother of assault and battery and gave her a 1 year sentence. More significantly, the orphan's case generated enough outrage over child abuse that in 1874, citizens formed the New York Society for the Prevention of Cruelty to Children.
Child abuse captured the country's attention again in 1962, when an article appearing in the Journal of the American Medical Association described symptoms of child abuse and deemed child abuse to be medically diagnosable. Within 10 years, every state had statutes known as "mandatory reporting" laws. Mandatory reporting laws require certain professionals, such as doctors and teachers, to report suspected child abuse to the state child protective services agency or other proper authorities. A 1974 federal law, the Child Abuse Prevention & Treatment Act (CAPTA), further bolstered efforts to eliminate child abuse by funding programs to help individuals identify and report child abuse and to provide shelter and other protective services to victims. However, child abuse continues despite these and subsequent child abuse prevention laws.
Child Abuse in the United States Today
Child abuse is more common than many people care to believe. In the United States each year more than 3 million reports of child abuse are made which involve almost 6 million children. Each day 4 or 5 children are killed by child abuse or neglect. Children whose parents abuse alcohol & drugs are 3 times more likely to be abused and ;4 times more likely to be neglected than other children.
For more information on what to do if you suspect child abuse, see the Where to Get Help for Child Abuse article or check the resources available in your state.
Get a Free Case Review
If you or a loved one has been affected by child abuse, make sure you get immediate help by calling the authorities and getting to a safe space. But regardless of your specific role, or alleged commission of child abuse, it's always important to explore to legal options. Get an initial case evaluation at absolutely no charge.

Checklist: Are You a Mandatory Reporter of Child Abuse?

All states require that if certain defined persons know or suspect that child abuse is going on, they report the abuse to the authorities. These mandatory reporting laws were instituted to help promote awareness of child abuse and early intervention, if possible. To that effect, the laws make reporting quite straightforward.
In most states, reports are anonymous and there\’s generally no reason to be hesitant about making a report if you genuinely suspect that child abuse is occurring. The laws of most states don\’t punish people for making a good faith effort to report child abuse. A reporter might, however, be punished if he or she was reporting child abuse without any basis for such a belief, and if the report was motivated entirely by a desire to get the reported person in trouble with the law – known as malice.
Mandatory Reporters
In most states, professions that engage in regular contact with children are listed as mandatory reporters. In at least 18 states, however, there are no listed mandatory reporters – anyone and everyone who knows or suspects that child abuse has occurred is required by law to make a report.
In states with defined mandatory reporter lists, however, the following professions are frequently listed:

• Day care workers
• Dental assistants and hygienists
• Doctors' office staff persons
• Emergency medical technicians
• Family practitioners
• Foster care workers
• Hospital personnel
• Medical examiners
• Nurse practitioners
• Police officers
• Practical nurses
• Psychiatrists and psychologists
• Registered nurses
• School administrators, advisors, and paraprofessionals
• Social workers
• Teachers and teachers' aides

You can find a list of mandatory reporters in your particular state here. If you would like to learn more about whether your profession is a defined mandatory reporting profession in your state and what duties you may have been ascribed, please contact a qualified attorney or speak with your institutional administrators.
Mandatory vs. Permissive Reporting
Though the states may differ with regard to who is a mandatory reporter, in every state everyone is permitted to report child abuse. A person who reports child abuse voluntarily is known as a permissive reporter. To better understand the difference, consider the following situation.
Suppose that you\’re a homemaker, and you\’re aware of child abuse occurring next door at the neighbor\’s house. If you reside in a state where there\’s a defined list of mandatory reporters (various professions), then you wouldn\’t necessarily have to report this abuse. In other words, you wouldn\’t be punished for failing to report. On the other hand, if you resided in a state where all persons are mandatory reporters (no matter their profession), then you would have to report the neighboring child abuse or you would be subject to possible criminal penalties (most likely a misdemeanor offense).
But what if you actually wanted to report the abuse? That\’s perfectly okay, and even encouraged. Even if you\’re not a mandatory reporter, you can report the abuse to local authorities. As a voluntary reporter you\’ll also enjoy immunity from liability for a good faith report of suspected child abuse.
Have Questions About Reporting Child Abuse? Get a Free Case Evaluation
Perhaps the strongest weapon against child abuse is active reporting as early as possible. However, this isn't always easy to do, especially if the perpetrator is someone that you know well. That's why many states allow for anonymous reporting, allowing authorities to investigate and, if needed, step in to protect a child, while preserving the confidentiality of your report. You can find out more about the reporting laws in your state by speaking with an experienced family law attorney for a free initial consultation.