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In the USA, it will depend on which state you live in. Generally though, regulations set forth guidelines for such investigations and determinations of abuse. For instance, in order to prove emotional abuse, you will generally need to have a CPS Department open an investigation. The investigators will then need to have the child undergo a psychological evaluation. If the evaluation determines that the child has some mental health diagnosis as a result of the actions of a caregiver, the determination of emotional abuse can be made.

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Q: Proving emotional child abuse
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Is emotional abuse a crime?

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