§587D-1  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Department" means the department of human services.

     "Emergency services personnel" shall have the same meaning as defined in section 78-52.

     "Firefighter" means a member of a fire department whose principal duties are to prevent and fight fires.

     "Fire station" means a building for fire equipment and firefighters.

     "Health care provider" means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.

     "Hospital" means a facility licensed as a hospital by the department of health and accredited by The Joint Commission.

     "Police officer" means any public servant, whether employed by the State or any county, or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

     "Police station" means a facility where police officers report for assignments, paperwork, and other police business.

     "Unharmed condition" means no evidence of injury to a newborn child's physical or psychological health or welfare, as evidenced in any case where:

     (1)  The newborn child is alive and exhibits no:

          (A)  Substantial or multiple skin bruising or any other internal bleeding;

          (B)  Injury to skin causing substantial bleeding;

          (C)  Malnutrition;

          (D)  Failure to thrive;

          (E)  Burn or burns;

          (F)  Poisoning;

          (G)  Fracture of any bone;

          (H)  Subdural hematoma;

          (I)  Soft tissue swelling;

          (J)  Extreme pain;

          (K)  Extreme mental distress; or

          (L)  Gross degradation;

     (2)  The newborn child has not been the victim of:

          (A)  Sexual contact or conduct, including rape, sodomy, molestation, sexual fondling, or incest;

          (B)  Obscene or pornographic photographing, filming, or depiction; or

          (C)  Other similar forms of sexual exploitation;

     (3)  Injury does not exist to the psychological capacity of a child as evidenced by a substantial impairment in the child's ability to function;

     (4)  The child has been provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, and supervision; or

     (5)  The child has not been provided with dangerous, harmful, or detrimental drugs, as defined by section 712‑1240; except in cases where a child's family provides the drugs to the child pursuant to the direction or prescription of a practitioner, as defined in section 712‑1240. [L Sp 2007, c 7, pt of §2; am L 2020, c 70, §61]

Revision Note

  Definitions rearranged pursuant to §23G-15.