(a)As used in W.S. 14-3-201 through 14-3-216:
(i)"A person responsible for a child's welfare"
includes the child's parent, noncustodial parent, guardian,
custodian, stepparent, foster parent or other person,
institution or agency having the physical custody or control of
the child;
(ii)"Abuse" means inflicting or causing physical or
mental injury, harm or imminent danger to the physical or mental
health or welfare of a child other than by accidental means,
including abandonment, unless the abandonment is a
relinquishment substantially in accordance with W.S. 14-11-101
through 14-11-109, excessive or unreasonable corporal
punishment, malnutrition or substantial risk thereof by reason
of intentional or unintentional neglect, and the commission or
allowing the commission of a sexual offens
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(a) As used in W.S. 14-3-201 through 14-3-216:
(i) "A person responsible for a child's welfare"
includes the child's parent, noncustodial parent, guardian,
custodian, stepparent, foster parent or other person,
institution or agency having the physical custody or control of
the child;
(ii) "Abuse" means inflicting or causing physical or
mental injury, harm or imminent danger to the physical or mental
health or welfare of a child other than by accidental means,
including abandonment, unless the abandonment is a
relinquishment substantially in accordance with W.S. 14-11-101
through 14-11-109, excessive or unreasonable corporal
punishment, malnutrition or substantial risk thereof by reason
of intentional or unintentional neglect, and the commission or
allowing the commission of a sexual offense against a child as
defined by law:
(A) "Mental injury" means an injury to the
psychological capacity or emotional stability of a child as
evidenced by an observable or substantial impairment in his
ability to function within a normal range of performance and
behavior with due regard to his culture;
(B) "Physical injury" means any harm to a child
including but not limited to disfigurement, impairment of any
bodily organ, skin bruising if greater in magnitude than minor
bruising associated with reasonable corporal punishment,
bleeding, burns, fracture of any bone, subdural hematoma or
substantial malnutrition;
(C) "Substantial risk" means a strong
possibility as contrasted with a remote or insignificant
possibility;
(D) "Imminent danger" includes threatened harm
and means a statement, overt act, condition or status which
represents an immediate and substantial risk of sexual abuse or
physical or mental injury. "Imminent danger" includes violation
of W.S. 31-5-233(m).
(iii) "Child" means any person under the age of
eighteen (18);
(iv) "Child protective agency" means the field or
regional offices of the department of family services;
(v) "Court proceedings" means child protective
proceedings which have as their purpose the protection of a
child through an adjudication of whether the child is abused or
neglected, and the making of an appropriate order of
disposition;
(vi) "Institutional child abuse and neglect" means
situations of child abuse or neglect where a foster home or
other public or private residential home, institution or agency
is responsible for the child's welfare;
(vii) "Neglect" means a failure or refusal by those
responsible for the child's welfare to provide adequate care,
maintenance, supervision, education or medical, surgical or any
other care necessary for the child's well being. "Neglect" for
purposes of "education" as used in this paragraph includes
willful absenteeism as defined in W.S. 21-4-101(a)(vii).
Treatment given in good faith by spiritual means alone, through
prayer, by a duly accredited practitioner in accordance with the
tenets and practices of a recognized church or religious
denomination is not child neglect for that reason alone;
(viii) "State agency" means the state department of
family services;
(ix) "Subject of the report" means any child reported
under W.S. 14-3-201 through 14-3-216 or the child's parent,
guardian or other person responsible for the child's welfare;
(x) "Unsubstantiated report" means any report made
pursuant to W.S. 14-3-201 through 14-3-216 that, upon
investigation, is not supported by a preponderance of the
evidence;
(xi) "Substantiated report" means any report of child
abuse or neglect made pursuant to W.S. 14-3-201 through 14-3-216
that, upon investigation, is supported by a preponderance of the
evidence;
(xii) Repealed by Laws 2002, Ch. 86, § 3.
(xiii) Repealed By Laws 2002, Ch. 86, § 3.
(xiv) Repealed By Laws 2002, Ch. 86, § 3.
(xv) "Collaborative" means the interagency children's
collaborative created by W.S. 14-3-215;
(xvi) "Department" means the state department of
family services and its local offices;
(xvii) "Transportation" means the provision of a
means to convey the child from one place to another by the
custodian or someone acting on his behalf in the performance of
required duties, but does not require the state to provide
incidental travel or to purchase a motor vehicle for the child's
own use to travel.