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7.3 Child Abuse and Neglect in Out-of-Home Care Facilities:

Physical Abuse:  Occurs when person(s) responsible for the child's care in a facility inflicts or allows to be inflicted upon a child any bodily harm, other than by accidental means.

Related Subject:  Section 7, Chapter 28, Physical Abuse

Disciplinary Actions:  The worker should carefully evaluate disciplinary actions to determine if they represent abuse/neglect or a licensing violation.  Common disciplinary actions which may contribute to abuse/neglect include, but are not limited to the following:

Sexual Maltreatment:  Occurs when person(s) responsible for the child's care at a facility commits or allows to be committed an act of sexual maltreatment against a child.

Related Subject:  Section 7, Chapter 29, Sexual Maltreatment

Neglect:  Of child in out-of-home care includes any omissions of care to a child by the person(s) responsible for his/her care, or failure on the part of the person(s) responsible for his/her  care to exercise prudent care, which jeopardizes the well-being of a child in such a way that the child sustains physical or emotional injury or damage.

Related Subject:  Section 7, Chapter 30, Neglect

Lack of Supervision:  Should be considered when a staff member is under the influence of drugs/alcohol, falls asleep, or is generally inattentive and the child harms himself, or is harmed by other children or adults.  In addition, when a staff member leaves a child alone without adult supervision appropriate for his/her age, mental or physical condition, or other special needs.

Emotional Maltreatment:  In an out-of-home care setting should be considered when there is evidence that a child is experiencing diminished psychological or intellectual functioning as the result of a harmful pattern of behavior by the person responsible for the child's care.

Related Subject:  Section 7, Chapter 33, Emotional Maltreatment

Chapter Memoranda History: (prior to 1/31/07)

CD04-79, CD05-35, CD05-50, CD05-80,

Memoranda History: