§7 Glossary/Reference
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33: Emotional Abuse
- Definition of Emotional Abuse
Emotional abuse is included in the legal definition of child abuse. Under Missouri law, child abuse is defined as, ”any physical injury, sexual abuse, or emotional abuse inflicted on a child other than by accidental means by those responsible for the child’s care, custody, and control, except that discipline including spanking, administered in a reasonable manner, shall not be construed to be abuse.” §210.110(1) RSMo.
Emotional abuse is defined by case law as, “an injury to the child’s psychological capacity or emotional stability, which is demonstrated by an observable or substantial change in the child’s behavior, emotional response, or cognition, including anxiety, depression, withdrawal, or aggressive behavior.” The court also held that the state could use witnesses outside of the mental health profession to present evidence that the child’s injury resulted in an observable or substantial change in his behavior, emotional response, or cognition. State of Missouri v. Moran, WD 69397 (Mo.App.W.D. 2009).
In order for staff to be able to meet these elements, the record must contain documentation sufficient to answer the following questions:
- What evidence is in the record that shows that the alleged perpetrator had care, custody and control at the time of the incident?
- What evidence establishes that this emotional abuse was caused by the alleged perpetrator?
- What evidence is in the record that establishes emotional abuse?
- Is there any evidence of an injury to the child’s psychological capacity or emotional stability?
- What was the observable or substantial change in the child’s behavior, emotional response, or cognition?
- Does the observable or substantial change in the child’s behavior, emotional response or cognition, at a minimum, include anxiety, depression, withdrawal, or aggressive behavior?
- What evidence is in the record that the conduct was not accidental?
- What evidence is in the record that the emotional abuse was not a form of discipline administered in a reasonable manner? Or, were the actions of the alleged perpetrator such that the discipline exception does not apply?
Staff may use witnesses outside of the mental health profession to present evidence that the child’s injury resulted in an observable or substantial change in his behavior, emotional response, or cognition. However, it would be best practice to use a qualified mental health professional if possible.
- Definition of Emotional Abuse