[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1340.2]

[Page 294-295]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1340--CHILD ABUSE AND NEGLECT PREVENTION AND TREATMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 1340.2  Definitions.

    For the purposes of this part:
    (a) A properly constituted authority is an agency with the legal 
power and responsibility to perform an investigation and take necessary 
steps to prevent and treat child abuse and neglect. A properly 
constituted authority may include a legally mandated, public or private 
child protective agency, or the police, the juvenile court or any agency 
thereof.
    (b) Act means the Child Abuse Prevention and Treatment Act, 42 
U.S.C. 5101, et seq.
    (c) Center means the National Center on Child Abuse and Neglect 
established by the Secretary under the Act to administer this program.
    (d) Child abuse and neglect means the physical or mental injury, 
sexual abuse or exploitation, negligent treatment, or maltreatment of a 
child under the age of eighteen, or the age specified by the child 
protection law of the State, by a person including any employee of

[[Page 295]]

a residential facility or any staff person providing out of home care 
who is responsible for the child's welfare under circumstances 
indicating harm or threatened harm to the child's health or welfare. The 
term encompasses both acts and omissions on the part of a responsible 
person.
    (1) The term sexual abuse includes the following activities under 
circumstances which indicate that the child's health or welfare is 
harmed or threatened with harm: The employment, use, persuasion, 
inducement, enticement, or coercion of any child to engage in, or having 
a child assist any other person to engage in, any sexually explicit 
conduct (or any simulation of such conduct) for the purpose of producing 
any visual depiction of such conduct; or the rape, molestation, 
prostitution, or other form of sexual exploitation of children, or 
incest with children. With respect to the definition of sexual abuse, 
the term ``child'' or ``children'' means any individual who has not 
attained the age of eighteen.
    (2)(i) ``Negligent treatment or maltreatment'' includes failure to 
provide adequate food, clothing, shelter, or medical care.
    (ii) Nothing in this part should be construed as requiring or 
prohibiting a finding of negligent treatment or maltreatment when a 
parent practicing his or her religious beliefs does not, for that reason 
alone, provide medical treatment for a child; provided, however, that if 
such a finding is prohibited, the prohibition shall not limit the 
administrative or judicial authority of the State to ensure that medical 
services are provided to the child when his health requires it.
    (3) Threatened harm to a child's health or welfare means a 
substantial risk of harm to the child's health or welfare.
    (4) A person responsible for a child's welfare includes the child's 
parent, guardian, foster parent, an employee of a public or private 
residential home or facility or other person legally responsible under 
State law for the child's welfare in a residential setting, or any staff 
person providing out of home care. For purposes of this definition, out-
of-home care means child day care, i.e., family day care, group day 
care, and center-based day care; and, at State option, any other 
settings in which children are provided care.
    (e) Commissioner means the Commissioner of the Administration for 
Children, Youth and Families of the Department of Health and Human 
Services.
    (f) Grants includes grants and cooperative agreements.
    (g) Secretary means the Secretary of Health and Human Services, or 
other HHS official or employee to whom the Secretary has delegated the 
authority specified in this part.
    (h) State means each of the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands, and 
the Trust Territory of the Pacific Islands.

[48 FR 3702, Jan. 26, 1983, as amended at 52 FR 3994, Feb. 6, 1987; 55 
FR 27639, July 5, 1990]