back| <<Child Welfare Manual>>
<< Section 7 >> |<<Previous>>| <<Next>>

33:  Emotional Maltreatment

  1. Definition of Emotional Maltreatment
  2. A passive or active patterned non-nurturing behavior by a parent or caretaker that negatively affects and/or handicaps a child emotionally, psychologically, physically, intellectually, socially, and/or developmentally.

    Emotional Maltreatment is a pattern of parental or caretaker behavior which causes emotional or mental injury to the child; produces easily observable abnormal behavior in the child; and, which if unchanged, will permanently impair the child’s ability to function normally.

    To establish emotional maltreatment there must be evidence of substantially diminished psychological or intellectual functioning in the child and this condition must be attributable to the parent’s/caretaker’s conduct.  Three factors are present in emotional maltreatment:

    Assessment of the child’s emotional health should be conducted by a qualified professional.  The psychological or psychiatric evaluation should specify the level of the child’s dysfunction, and to a reasonable medical certainty, whether the dysfunction is causally linked to the acts or omissions of the parent/caretaker.

  3. Making a Determination of Emotional Maltreatment
  4. In order to substantiate emotional maltreatment, a current mental health assessment or mental health evaluation conducted by a qualified professional is required. For the purpose of emotional maltreatment determinations, a mental health assessment must be conducted by a Psychologist, a Psychiatrist, Psychiatric Clinical Nurse Specialist (PCNS), a Licensed Clinical Social Worker (LCSW) or a Licensed Professional Counselor (LPC). A psychological evaluation may include psychological testing for the purposes of developing an effective treatment plan. Psychological testing may only conducted by a qualified psychologist or psychiatrist. An LPS or an LCSW is not sufficient to provide psychological testing. An emotional maltreatment finding must include a mental health assessment which specifies the level of the child's dysfunction, and to a reasonable medical certainty, whether the dysfunction is causally linked to the acts or omissions of the parent/caretaker.

    Related Subject:  Section 2, Chapter 4, Attachment ASAFE-CARE (Sexual Assault Forensic Examination – Child Abuse Resource and Education) Network

  5. Other Types of Evidence 
  6. Written reports and verbal testimony from expert witnesses such as physician, psychologist, psychiatrist, counselor, social worker, childcare workers, etc. Chapter 210 requires the investigator to conduct a thorough investigation. To that end, investigators are allowed to contact anyone with information relevant to the CA/N report without the knowledge and/or consent of the parent. When the child is seen without parental consent, every effort should be made to involve the parents as quickly as possible.

    Related Subject: Section 2, Chapter 4 Investigation Response

  7. Indicators / Characteristics of Emotional Maltreatment
  8. The indicators of child abuse and neglect vary.  No child or caretaker will exhibit all of the physical or behavioral indicators and some of the indicators are contradictory.  The behavior of an abused or neglected child and other family members may be sporadic and unpredictable.  Indicators should be used only as a general guide.  The presence of multiple indicators or the pervasiveness of any one behavioral indicator warrants close scrutiny by the worker.

  9. Child Behavioral Indicators
  10. Child Pysical Indicators
  11. Family / Parental Characteristics and Behavioral Indicators

Emotional maltreatment means an injury to the intellectual or psychological capacity of a child as evidenced by an observable and substantial impairment in his/her ability to function within a normal range of performance and behavior, with due regard to his/her culture.

The results of emotional maltreatment cover the entire spectrum of psychological and mental dysfunction.  In order for intervention to be indicated, the child’s maladaptive behaviors must be clearly observable, unalterable through normal channels (such as school), circumstantially caused.

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

CD05-35, CD06-101

Memoranda History: