What defines mental injury to a child?

Mental injury to a child is characterized by discernible impairment in the child's emotional or psychological functioning. This type of injury is often a result of severe emotional abuse or neglect, which can have lasting effects on a child's development and overall well-being. The emphasis on "discernible impairment" highlights that the effects of such injuries are noticeable and can be observed over time, impacting the child’s ability to function normally in various aspects of life, including social interactions, learning, and emotional regulation.

In contrast, temporary distress does not necessarily signify ongoing impairment; it may be a natural response to a specific situation that resolves with time. Moreover, substantial improvement in performance indicates positive growth and development rather than injury, while behavioral issues in school can arise from a variety of causes that may not directly relate to mental injury. Thus, the focus on discernible impairment provides a clearer understanding of the seriousness of mental injury to a child's well-being.