Also known as:child abuse · child neglect · abuse and neglect · CAN · child maltreatment
Written by attorneys · grounded in primary & secondary sources — see below
in family law
Harmful conduct or omission by a parent or caregiver that endangers a child's physical or emotional well-being. Subcategories include abusive discipline and emotional neglect.
Sources & Authorities· 31 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Tenant Occupancy in Owner Building
Cynthia Cortez owns a duplex but leases the upstairs unit to Caleb Chang for his residence. Caleb sleeps there nightly. When Cynthia enters the unit at night intending to retrieve tools for a felony, the occupancy by Caleb satisfies the requirement that the structure serve as a dwelling of another.
Motion Challenging Complaint Sufficiency
Carlos Castillo files a complaint alleging only conclusory labels against Carmen Choi. The court grants the motion because the pleading supplies no facts that would entitle the plaintiff to relief under any recognized legal theory.
Judicial Notice of Public Record
Corinne Cho asks the court to notice the exact distance between two city intersections. The distance appears on an official municipal map whose accuracy is not subject to reasonable dispute, so the court takes notice without further proof.
Cade Carpenter orally agrees to rent a storefront to Cardinal Insurance for eleven months. Because the term does not exceed the applicable Statute of Frauds period, the landlord-tenant relationship is valid without a writing.
Creditor Reach of Irrevocable Trust
Carmen Choi creates an irrevocable trust and later incurs a large debt. Citadel Security, her creditor, may reach the maximum amount the trustee could distribute to Choi for her own benefit under the trust terms.
Force to Protect Property Without Request
Cobalt Energy discovers an intruder damaging its fenced equipment. Because substantial harm to the equipment will occur before any request can be made, the company may use reasonable force to terminate the trespass without first demanding that the intruder leave.
Common questions
Frequently Asked
2
What conduct qualifies as child abuse under state family law?+
Harmful acts or omissions by a caregiver that endanger a child's physical or emotional health fall within the doctrine, including abusive discipline and emotional neglect.
Does cultural practice excuse conduct otherwise classified as neglect?+
The doctrine examines whether the conduct causes or risks harm regardless of cultural context. Courts weigh the child's welfare above customary practices.
5 U.S. (1 Cranch) 137 (1803)Property
…is no party to this case. The Secretary is called upon to perform a duty over which the President has no control and for the neglect of which he is in no manner responsible. The Secretary alone is the person to whom they are entrusted and he alone is answerable for their due performance. The Secretary of State,…