Statutes | Lummi Nation Code of Laws Title 8 Chapter 8.06 ยง 8.06.020 | 2020
(a) A person who cares for or is legally responsible for a child, and who recklessly abuses or neglects that child is guilty of child abuse or neglect and, upon conviction, shall be sentenced to imprisonment for a period not to exceed 365 days and a fine not to exceed $5,000.
(b) For the purposes of this Section, &ldquochild abuse and neglect&rdquo means an act or omission that creates a danger to a child&rsquos health, welfare, or safety. This Section shall not be construed to prohibit reasonable parental discipline unless such discipline is proved to be injurious to the child&rsquos health, welfare and safety. Child abuse or neglect includes:
(1) infliction of bodily injury, unreasonable confinement, intimidation, emotional abuse or cruel punishment of a child that results in physical pain or mental anguish
(2) failing to provide adequate food, clothing, shelter, medical care, or education that is necessary for the child&rsquos health, safety, or well-being, and the deprivation is not due to the lack of financial resource available to the parent, guardian or other custodian
(3) failing to protect the child from observing acts of domestic violence and
(4) placing a child at an unreasonable risk to the child&rsquos health or welfare by failure of the parent, guardian or custodian to intervene to eliminate that risk when that person has or should have knowledge of the risk.
(c) Nothing in this Section precludes a prosecution under Title 5 if a crime has been committed under that Title, nor limits the application of other provisions under this Title for the protection of a child.