[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1340.2]



[Page 244-245]

 

                        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 245]]



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]