The Federal legislation provides a foundation for States by identifying a minimum set of acts or behaviors that characterize maltreatment. This legislation also defines what acts are considered physical abuse, neglect, and sexual abuse. An act or failure to act which presents an imminent risk of serious harm. The provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane. Each State is responsible for providing its own definitions of child abuse and neglect within the civil and criminal context.
Criminal statutes specify the forms of maltreatment that are criminally punishable.
Child Neglect is characterized by failure to provide for the child's basic needs. Neglect can be physical, educational, or emotional. Educational neglect includes the allowance of chronic truancy, failure to enroll a child of mandatory school age in school, and failure to attend to a special educational need. The assessment of child neglect requires consideration of cultural values and standards of care as well as recognition that the failure to provide the necessities of life may be related to poverty. Sexual Abuse includes fondling a child's genitals, intercourse, incest, rape, sodomy, exhibitionism, and commercial exploitation through prostitution or the production of pornographic materials.