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New York State Child Abuse, Maltreatment, and Neglect Rizvi MB; Conners GP; Rabiner JStatPearls-/-ä 2024[Jan]; ä (ä): äThe World Health Organization (WHO) defines child abuse and child maltreatment as "all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child's health, survival, development or dignity in the context of a relationship of responsibility, trust or power." There are four main types of abuse: Neglect (physical or emotional). Physical abuse. Psychological or emotional abuse. Sexual abuse. There are significant morbidity and mortality associated with child abuse due to a child's inability to protect themselves. For the diagnosis of child abuse to be made, healthcare providers need to maintain a high index of suspicion. The New York State government has established a legal obligation of mandated reporters to intervene if there is evidence or suspicion of abuse, maltreatment, or neglect of a child less than 18 years of age. New York Legal Definitions for Abuse, Maltreatment, and Neglect (New York State Family Court Act) The purpose of the New York State law is to establish procedures to protect children from injury or mistreatment and safeguard their physical, mental, and emotional well-being. It provides due process for determining when the state, through its family court, may intervene against the wishes of a parent on behalf of a child so that the child's needs are appropriately met. The following is a summary of key definitions: "Respondent": any parent or other person legally responsible for a child's care who is alleged to have abused or neglected the child. "Child": any person or persons < 18 years of age. "Abused child": a child whose parent or another person legally responsible for his care: (i) inflicts or allows to be inflicted upon such child physical injury other than by accidental means which causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ; or (ii) creates or allows to be created a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death or serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ; or (iii) (A) commits, or allows to be committed an offense against such child defined in article one hundred thirty of the penal law; (B) allows, permits, or encourages such child to engage in any act described in sections 230.25, 230.30, 230.32, and 230.34-a of the penal law; (C) commits any of the acts described in sections 255.25, 255.26, and 255.27 of the penal law; (D) allows such child to engage in acts or conduct described in article two hundred sixty-three of the penal law; or (E) permits or encourages such child to engage in any act or commits or allows to be committed against such child any offense that would render such child either a victim of sex trafficking or a victim of severe forms of trafficking in persons pursuant to 22 U.S.C. 7102 as enacted by public law 106-386 or any successor federal statute; (F) provided, however, that (1) the corroboration requirements contained in the penal law and (2) the age requirement for the application of article two hundred sixty-three of such law shall not apply to proceedings under this article. "Neglected child" or "maltreated child": a child: (i) whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming impaired as a result of the failure of his parent or other person legally responsible for his care to exercise a minimum degree of care (A) in supplying the child with adequate food, clothing, shelter or education in accordance with the provisions of part one of article sixty-five of the education law, or medical, dental, optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so, or, in the case of an alleged failure of the respondent to provide education to the child, notwithstanding the efforts of the school district or local educational agency and child protective agency to ameliorate such alleged failure prior to the filing of the petition; or (B) in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction of excessive corporal punishment; or by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or by any other acts of a similarly serious nature requiring the aid of the court; provided, however, that where the respondent is voluntarily and regularly participating in a rehabilitative program, evidence that the respondent has repeatedly misused a drug or drugs or alcoholic beverages to the extent that he loses self-control of his actions shall not establish that the child is a neglected child in the absence of evidence establishing that the child's physical, the mental or emotional condition has been impaired or is in imminent danger of becoming impaired as set forth in paragraph (i) of this subdivision; or (ii) who has been abandoned, in accordance with the definition and other criteria set forth in subdivision five of section three hundred eighty-four-b of the social services law, by his parents or other person legally responsible for his care. The terms "maltreatment" and "neglect" are often used interchangeably but have different definitions. "Maltreatment" includes acts of omission and commission, whereas "neglect" only includes acts of omission. Maltreatment includes neglect, but neglect does not include maltreatment. "Person legally responsible": the child's custodian, guardian, or any other person responsible for the child's care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child. "Impairment of emotional health/condition": a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, or acting out or misbehavior, including incorrigibility, ungovernability or habitual truancy, provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child. "Child protective agency": the child protective service of the appropriate local department of social services or such other agencies with whom the local department has arranged for the provision of child protective services under the local plan for child protective services or an Indian tribe that has entered into an agreement with the state department of social services pursuant to section thirty-nine of the social services law to provide child protective services. "Parent": a person who is recognized under the laws of the state of New York to be the child's legal parent. "Relative": any person who is related to the child by blood, marriage, or adoption and who is not a parent, putative parent, or relative of a putative parent of the child. "Suitable person": any person who plays or has played a significant positive role in the child's life or the life of the child's family. Types of Abuse and Neglect: Physical neglect. Physical abuse. Emotional neglect. Emotional abuse. Sexual abuse. Physical Neglect Physical neglect is the most common form of abuse. It is the failure to provide a child with adequate food, shelter, clothing, education, hygiene, medical care, protection from hazards in the environment, basic needs, or supervision needed for normal growth and development. Physical Abuse Physical abuse of a child includes any non-accidental physical injury of a child inflicted by a parent or a caretaker resulting in or risking serious disfigurement, impairment of physical or emotional health, and loss of bodily function or death. Physical abuse includes beating, burning, biting, shaking, and excessive corporal punishment. Emotional Neglect Emotional neglect is the failure of a parent or caregiver to supply a child with the love and support necessary for healthy emotional development. Examples include failure to provide warmth, attention, supervision, affection, praise, or encouragement to a child. Emotional Abuse Emotional abuse is commonly defined as the non-physical maltreatment of a child that can seriously interfere with his or her positive emotional development. Patterns of abusive behavior can include constant rejection, terrorizing, exposing a child to corruption, violence or criminal behavior, irrational behavior, and verbal abuse (excessive yelling, belittling, and teasing). Emotional abuse has the potential to cause serious cognitive, affective, or other behavioral health problems. Sexual Abuse Sexual abuse is the involvement of dependent, developmentally immature children in sexual activities that they do not fully comprehend, to which they are unable to give consent, or that violate the social taboos of family roles. Sexual abuse and maltreatment include situations in which the parent, caregiver, or another person legally responsible for a child under 18 years of age, commits or allows to be committed any one of the following activities: Touching a child's mouth, genitals, buttocks, breasts or other intimate parts for the purpose of gratifying sexual desire; or forcing or encouraging the child to touch the caregiver, or other person legally responsible, in this way for the purpose of gratifying sexual desire. Engaging or attempting to engage the child in sexual intercourse or sodomy. Forcing or encouraging a child to engage in sexual activity with other children or adults. Exposing a child to sexual activity or exhibitionism for the purpose of sexual stimulation or gratification of another. Permitting a child to engage in sexual activity that is not developmentally appropriate and when such activity results in the child suffering from emotional impairment. Using a child in a sexual performance such as a photograph, play, motion picture, or dance regardless of whether the material itself is obscene. In addition, it is a crime to give indecent material to a child. Sexual abuse and maltreatment include such criminal offenses as rape, sodomy, other non-consensual sexual conduct, and prostitution. Social Service Laws Related to Care of Children in Residential Care Abused A person with a handicapping condition who is 18 years or older who is in residential care in one of the following facilities may be defined as an abused child: NYS School for the Blind (Batavia). NYS School for the Deaf (Rome). A private residential school which has been designed for special education. A special act school district or a state-supported school for the deaf or blind with a residential component. Neglected In New York State, a neglected child in residential care (including facilities operated by the Department of Social Services [DSS], Division for Youth [DFY], Office of Mental Health [OMH], Office for People with Developmental Disabilities [OPWDD], or the State Education Department [NYSED]) means a child whose custodian impairs, or places in danger of impairment, the child's physical, mental or emotional condition: By intentionally administering to the child, any prescription drug not ordered. Failing to adhere to standards for the provision of food, clothing, shelter, education, medical, dental, optometric, or surgical care, or the use of isolation or restraint. Failing to adhere to standards for the supervision of children by inflicting or allowing to be inflicted physical harm or risk of harm. Failing to conform to applicable state regulations for appropriate custodial conduct. Maltreated The Social Services Act includes a maltreated child 18 years of age or older, who is neglected and resides in one of the special residential care institutions previously listed. Abandoned Infant Protection Act First enacted in July 2000 and later amended in August 2010, the "New York State Abandoned Infant Protection Act" allows a person to abandon their infant in a safe manner. This law designates specific locations as "safe-havens" for parents to relinquish their unharmed newborns, ensuring that unwanted infants are surrendered to persons who can guarantee the child's safety and well-being. It also protects parents who feel that they have no other alternative to protect their child from harm. While the law protects those that relinquish unharmed infants, the abandonment of newborn infants in unsafe places is an example of extreme neglect with criminal penalties. Charges of abandonment may be incurred unless the following criteria are met: Infant < 30 days old. Intent that the infant be safe from physical injury and receive appropriate care. Infant left with an appropriate person or suitable location such as a hospital, police station, or fire department and notifies an appropriate person of the infant's location. Intent to abandon the infant by relinquishing responsibility for and rights wholly. Any mandated reporter who learns of abandonment must fulfill mandated responsibilities even if unsure of the name of the person abandoning the child.ä |
