In P.R. v. Dep't of Pub. Welfare, 569 Pa. 123, 801 A.2d 478 (2002), the Supreme Court set out the test for making that distinction; in order to prove abuse, Department of Public Welfare (DPW) is required to show, through substantial evidence, that the injury resulted from criminal negligence. Id. at 137-38, 801 A.2d at 486-87. The legislature has defined criminal negligence as follows: A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstance known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation. 18 Pa. C.S. 302(b)(4).