Child abuse is generally the mistreatment of a child by a parent or caregiver—through actions or inactions—that causes injury, death, or emotional harm to the child—or that places the child at serious risk of such injury, death, or emotional harm. Mistreatment that constitutes child abuse may take many forms, including neglect, physical abuse, sexual abuse, emotional abuse, failure to supervise, and exploitation. Child abuse laws vary from state to state and are usually located in a state’s family code and criminal or penal code.
In North Dakota, child abuse is defined and governed by both the North Dakota Century Code (NDCC) and various state policies. According to NDCC Section 50-25.1-02, child abuse includes physical harm, sexual abuse, mental injury, or neglect by a parent, guardian, or caregiver that results in potential or actual harm to a child's health, welfare, or safety. Neglect refers to the failure to provide necessary food, clothing, shelter, medical care, or supervision appropriate for the child's development. Physical abuse is the infliction of physical injury, while sexual abuse includes acts or behaviors that use a child for sexual gratification. Emotional abuse involves psychological or emotional damage evidenced by a substantial impairment in the child's ability to function within a normal range of performance and behavior. The state mandates that certain professionals and individuals report suspected child abuse to the Department of Human Services. Failure to report can result in charges. The state also imposes penalties on those found guilty of child abuse, which can range from misdemeanor to felony charges, depending on the severity of the abuse.