Threatened injury is a statement, overt act, condition or status that represents a substantial risk of physical or sexual abuse or mental injury to a child. Threatened injury includes exposing a child to a person responsible for the child's care who has:
- Subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm.
- Been found to be palpably unfit.
- Committed an act that resulted in an involuntary termination of parental rights.
- Committed an act that resulted in the involuntary transfer of permanent physical and legal custody of a child to a relative.
Mental injury is an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior, with due regard to the child's culture.