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45.2001 Definitions.

Cite as [A.S.C.A. § 45.2001]

As used in this chapter unless the context otherwise requires:

(a)( 1) “Abuse” or “child abuse or neglect” means an act or omission in one of the following categories which seriously threatens the health or welfare of a child:

(A) when a child exhibits evidence of serious bruising, bleeding, malnutrition, failure to thrive, mental injury, burns, fracture of a bone, subdural hematoma, soft tissue swelling, or death, and the condition or death is not justifiably explained, or where the history given concerning the condition or death is at variance with the degree or type of the condition or death, or circumstances indicate that the condition or death may not be the product of an accidental occurrence;

(B) when a child is subject to the sexual offenses contained in 46.3601 to 46.3617 and 46.3802, or is allowed, permitted, or encouraged by the child’s parents, legal guardian, custodian, or any other person responsible for the child’s health and welfare, to engage in prostitution or be the subject of obscene or pornographic photographing, filming, or depicting;

(C) any case in which the child’s parents, legal guardians, custodians or any other person responsible for the child’s health and welfare fail to take the action to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take.

(2) In all cases, those investigating reports of child abuse shall take into account accepted child rearing practices of the culture. Nothing in subparagraph (a)(l)(B) refers to acts which could be construed to be a reasonable exercise of parental discipline as defined in subsection (20) of 45.0103.

(b) “Agency” means Child Protection Agency of the Department of Human Resources.

(c) “Department” means the Department of Public Safety.

(d) “Neglect” means acts which can reasonably be construed to fall under the definition of “child abuse or neglect” as defined in subsection (a) above.

(e) “Receiving agency” means the Department of Health or law enforcement agency first receiving a report of alleged child abuse.

(f) “Responsible person” means a child’s parent, legal guardian, or custodian, any employee of a residential facility, any staff person providing out-of-home care or under any other settings in which children are provided care, or any other person responsible for the child’s health and welfare.

(g) “Unfounded report” means any report made under this chapter which is not supported by some credible evidence.

History: 1980, PL 16-71 § 1; 1981; PL 17-7 § 1; amd 1985, PL 19-23 § 1; amd 1988, PL 20-71.

Amendments: 1985 Subsection (a)(1)(A): added “mental injury

Subsection (a)(1)(B) Added “and 46.3802” and “or any other person responsible for the child’s health and welfare”, deleted “or” and “for commercial purposes”.

Subsection (a)(1)(C) deleted “or”, added “or any other person responsible for the child’s health and welfare” and “medical care”.

Subsection (c): changed “(A)” to “(a)” in cross reference.

Research Guide: CRS 19-10-103, 21 ASC 2901; Federal Register, May 27. 1980 PART VIII, Department of Health and Human Services.