9-30-103. Definitions.

9-30-103. Definitions. As used in this chapter: (1) “Child” means a person under eighteen (18) years of age; (2)(A) “Child abuse” means any nonaccidental physical injury, mental injury, sexual abuse, or sexual exploitation inflicted by those legally responsible for the care and maintenance of the child, or an injury that is at variance with the history given. (B) “Child abuse” encompasses both acts and omissions; (3) “Local council” means an organization consisting of an employee of the Department of Human Services, an employee of the Department of Health, an employee of a public secondary or elementary school, an employee of the county sheriff's office or a city police department, a citizen at large, and any other persons deemed necessary by the Department of Human Services, including, but not limited to, representatives from other groups or entities involved with child abuse and neglect or family violence; (4) “Neglect” means: (A) Failure to provide, by those legally responsible for: (i) The care and maintenance of the child and the proper or necessary support; (ii) Education, as required by law; or (iii) Medical, surgical, or any other care necessary for his or her well-being; or (B)(i) Any maltreatment of the child. (ii) The term includes both acts and omissions. (iii) This chapter shall not be construed to mean a child is neglected or abused for the sole reason he or she is being provided treatment by spiritual means through prayer alone in accordance with the tenets or practices of a recognized church or religious denomination by a duly accredited practitioner thereof in lieu of medical or surgical treatment; (5) “Parenting-from-prison program” means classes or services provided to incarcerated parents at any detention or correctional facility; (6)(A) “Prevention program” means a system of direct provision of child abuse and neglect primary and secondary prevention services to a child or guardian and includes research programs related to prevention of child abuse and neglect. (B)(i) “Primary prevention” means programs and services designed to promote the general welfare of children and families. (ii) “Secondary prevention” means the identification of children who are in circumstances in which there is a high risk that abuse or neglect will occur and assistance is necessary and appropriate to prevent abuse or neglect from occurring; and (7) “Program for the children of prisoners” means school or community-based services provided to: (A) The children of individuals incarcerated in any detention or correctional facility; or (B) The caregivers of children of individuals incarcerated in any detention or correctional facility.