Delaware

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report “child abuse or neglect” as defined by Delaware Code 901, Title 10 and any case law and other legal guidance interpreting the statute.
  • "Abuse" or "abused child" means that a person:
    • Causes or inflicts sexual abuse on a child; or
    • Has care, custody or control of a child, and causes or inflicts:
      • Physical injury through unjustified force as defined in § 468 of Title 11;
      • Emotional abuse;
      • Torture;
      • Exploitation; or
      • Maltreatment or mistreatment.
    • For this purpose, "Sexual abuse" means any act against a child that is described as a “sex offense” in § 761(h) of Title 11. This include acts defined by § 763 through 780, 783(4), 783(6), 783A(4), 783A(6), 787(b)(3), 787(b)(4), 1100A, 1108 through 1112B, 1335(a)(6), 1335(a)(7), 1352(2), and 1353(2), and 1361(b) of this title.
  • "Neglect" or "neglected child" means that a person:
    • Is responsible for the care, custody, and/or control of the child; and
    • Has the ability and financial means to provide for the care of the child; and
      • Fails to provide necessary care with regard to: food, clothing, shelter, education, health, medical or other care necessary for the child's emotional, physical, or mental health, or safety and general well-being; or
      • Chronically and severely abuses alcohol or a controlled substance, is not active in treatment for such abuse, and the abuse threatens the child's ability to receive care necessary for that child's safety and general well-being; or
      • Fails to provide necessary supervision appropriate for a child when the child is unable to care for that child's own basic needs or safety, after considering such factors as the child's age, mental ability, physical condition, the length of the caretaker's absence, and the context of the child's environment.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

For more information, refer to definitions of sexual abuse/offenses and child abuse and neglect in Delaware Criminal Code.