San Jose Police Department, CA
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Definitions of Child Abuse
California state statutes describe physical and sexual abuse, neglect and endangerment. In general, they can be described this way:
Physical abuse is any act(s) which results in non-accidental injuries to a child including patterns of unexplained injuries and injuries that appear to have been caused in a manner inconsistent with the explanation. Physical abuse includes unreasonably restraining a child with tying, caging or chaining and excessive or unreasonably forceful discipline that leave injuries or marks on a child. Physical abuse is also defined as assaultive behavior not usually associated with discipline such as shaking, kicking, cutting and burning.
Neglect is the failure of a parent to provide for the child’s physical, emotional, medical and educational well-being. California law states that a parent or caretaker who willfully deprives a child of necessary food, clothing, shelter, health care, or supervision appropriate to the child's age, when the parent is reasonably able to make the necessary provisions and the deprivation harms or is likely to substantially harm the child's physical, mental, or emotional health is guilty of neglect of a child. A parent who knowingly fails to protect a child from continuing physical or sexual abuse is also guilty of neglect.
Endangerment is when a parent or caretaker intentionally or recklessly causes or permits a child to be placed in a situation likely to substantially harm the child's physical, mental, or emotional health or cause the child's death including allowing a child to be present where illegal drugs are being made, kept, sold or used and recklessly allowing a juvenile access to a loaded firearm.