District of Columbia

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

• Mandated reporters must report mental, physical, and sexual abuse and neglect as defined by D.C. Code 16-2301 and any case law and other legal guidance interpreting the statute.
  • “Abused” when used with reference to a child, means:
    • Infliction of physical or mental injury upon a child;
    • Sexual abuse or exploitation of a child; or
    • Negligent treatment or maltreatment of a child.
  • The term “abused”, when used with reference to a child, does not include discipline administered by a parent, guardian or custodian to his or her child; provided, that the discipline is reasonable in manner and moderate in degree and otherwise does not constitute cruelty. For the purposes of this paragraph, the term “discipline” does not include:
    • Burning, biting, or cutting a child;
    • Striking a child with a closed fist;
    • Inflicting injury to a child by shaking, kicking, or throwing the child;
    • Nonaccidental injury to a child under the age of 18 months;
    • Interfering with a child’s breathing; and
    • Threatening a child with a dangerous weapon or using such a weapon on a child. For purposes of this provision, the term “dangerous weapon” means a firearm, a knife, or any of the prohibited weapons described in § 22-4514.
  • “Mental injury” means harm to a child’s psychological or intellectual functioning, which may be exhibited by severe anxiety, depression, withdrawal, or outwardly aggressive behavior, or a combination of those behaviors, and which may be demonstrated by a change in behavior, emotional response, or cognition.
  • “Sexual abuse” means:
    • Engaging in, or attempting to engage in, a sexual act or sexual contact with a child;
      • The term “sexual act” shall have the same meaning as provided in section 101(8) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(8)).
      • The term “sexual contact” shall have the same meaning as provided in section 101(9) of the Anti-Sexual Abuse Act of 1994, effective May 23, 1995 (D.C. Law 10-257; D.C. Official Code § 22-3001(9)).
    • Causing or attempting to cause a child to engage in sexually explicit conduct; or
    • Exposing a child to sexually explicit conduct.
      • The term “sexually explicit conduct” means actual or simulated:
        • sexual act;
        • sexual contact;
        • bestiality;
        • masturbation; or
        • lascivious exhibition of the genitals, anus, or public area.
  • “Sexual exploitation” means a parent, guardian, or other custodian allows a child to engage in prostitution as defined in section 2(1) of the Control of Prostitution and Sale of Controlled Substances in Public Places Criminal Control Act of 1981, effective December 10, 1981 (D.C. Law 4-57; § 22-2701.01 [now § 22-2701.01(3)]), or means a parent, guardian, or other custodian engages a child or allows a child to engage in obscene or pornographic photography, filming, or other forms of illustrating or promoting sexual conduct as defined in section 2(5) of the District of Columbia Protection of Minors Act of 1982, effective March 9, 1983 (D.C. Law 4-173; § 22-3101(5)).
  • “Negligent treatment” or “Maltreatment” means failure to provide adequate food, clothing, shelter, or medical care, which includes medical neglect, and the deprivation is not due to the lack of financial means of his or her parent, guardian, or other custodian.
  • “Neglected child” means a child:
    • Who has been abandoned or abused by his or her parent, guardian, or custodian, or whose parent, guardian, or custodian has failed to make reasonable efforts to prevent the infliction of abuse upon the child. For the purposes of this sub-subparagraph, the term “reasonable efforts” includes filing a petition for civil protection from intrafamily violence pursuant to § 16-1003;
    • Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his or her physical, mental, or emotional health, and the deprivation is not due to the lack of financial means of his or her parent, guardian, or custodian;
    • Whose parent, guardian, or custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity;
    • Whose parent, guardian, or custodian refuses or is unable to assume the responsibility for the child’s care, control, or subsistence and the person or institution which is providing for the child states an intention to discontinue such care;
    • Who is in imminent danger of being abused and another child living in the same household or under the care of the same parent, guardian, or custodian has been abused;
    • Who has received negligent treatment or maltreatment from his or her parent, guardian, or custodian;
    • Who has resided in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child is ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, or custodial relationship or contact with the child;
    • Who is born addicted or dependent on a controlled substance or has a significant presence of a controlled substance in his or her system at birth;
    • In whose body there is a controlled substance as a direct and foreseeable consequence of the acts or omissions of the child’s parent, guardian, or custodian; or
    • Who is regularly exposed to illegal drug-related activity in the home.
  • No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall for that reason alone be considered a neglected child for the purposes of this subchapter.

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 the most current definitions of these terms, refer to the Code of the District of Columbia webpage.