September 22, 1978
Subject:
Social Services; North Carolina Grant under the Child Abuse Prevention and Treatment Act
Requested By:
Carl H. Harper, Regional Attorney,
Region IV,
United States Department of Health, Education and Welfare
Question:
Is the definition of "sexual abuse" as set forth in the recent amendments to the Child Abuse Prevention and Treatment Act (42 U.S.C. § 5101 et seq., as amended by P.L. 95-266) encompassed within the definition of "abused child" as set forth in The North Carolina Child Abuse Reporting Law (G.S. 110-117) and the definition of "neglected child" as set forth in The North Carolina Juvenile Jurisdiction and Procedure Law (G.S. 7A-278(4))?
Conclusion:
Yes.
This opinion is in response to a question posed by the Office of Regional Attorney, Region IV, United States Department of Health Education and Welfare in connection with the North Carolina grant under the Child Abuse Prevention and Treatment Act (42 U.S.C. § 5101, et seq.). In April of 1977 the Act was amended to include "sexual exploitation" within the definition of "child abuse and neglect" (42 U.S.C. § 5102 as amended by Section 102(1) of Public Law 95-266). In addition, the term "sexual abuse" was defined as including:
". . . The obscene or pornographic photographing, filming, or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution, or other such forms of sexual exploitation of children under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary (of HEW) . . ."
42 U.S.C. § 5104 as amended by Section 104(2) of Public Law 95-266
The precise question raised by the Regional Attorney’s Office is whether the definition of "abused child" as set forth in G.S. 110-117 (1) c. and the definition of "neglected child" under
G.S. 7A-278(4) may be interpreted to include "sexual abuse or exploitation" as currently defined by the Child Abuse Prevention and Treatment Act.
Although G.S. 110-117(1) c. defines as "abused child" as "a child less than 18 years of age whose parent or other person responsible for his care commits or allows to be committed any sex act upon a child in violation of law," the preamble to this section states:
"As used in this Article, unless the contex otherwise requires:" (Emphasis supplied) It is our opinion that if sexual abuse or exploitation of children for commercial purposes does not fall squarely within the purview of G.S. 110-117(1)c., the preamble to said section would nonetheless bring it within the State law definition of "abused child."
Moreover, as we asserted in our prior opinion relative to the North Carolina application for a grant under the Child Abuse Prevention and Treatment Act (March 28, 1978), it has always been our position that abuse is implicitly encompassed within the definition of "neglected child" under
G.S. 7A-278(4). This would still hold true now that we have concluded that sexual abuse or exploitation of children for commercial purposes is included within the definition of "abused child" under G.S. 110-117.
Rufus L. Edmisten Attorney General
William Woodward Webb Assistant Attorney General