ABSTRACT

Although the 1974 Child Abuse Prevention and Treatment Act (CAPTA) (42U.S.C.A§5106g), amended by the CAPTA Reauthorization Act of 2010 (hereafter Child Abuse Prevention and Treatment Act of 2010), defines child abuse and neglect, it does not provide a specific definition for child physical abuse. Therefore, for the purpose of this chapter, child physical abuse is defined as a nonaccidental physical injury that results from punching, beating, kicking, slapping, biting, shaking, throwing, stabbing, choking, hitting, burning, or otherwise harming a child by a parent or other person who has the responsibility of the care of that child (Child Welfare Information Gateway 2013). Child physical abuse occurs as both acute maltreatment and chronic maltreatment. It is acknowledged that some of the actions listed under the definition of child physical abuse (e.g., slapping or hitting) are often associated with spanking as forms of corporal punishment in child rearing; however, this chapter is not focused on spanking as a form of discipline, nor is this chapter focused on corporal punishment, but rather this chapter focuses on child physical abuse from a legal perspective. Again, child abuse is defined as

the action or failure to act, on the part of a caretaker, which results in an injury to a child.