New York State Child Abuse, Maltreatment, and Neglect

The World Health Organization (WHO) defines child abuse and child maltreatment as "all forms of physical 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." The following 4 types of abuse are recognized clinically: Neglect (physical or emotional). Physical abuse. Psychological or emotional abuse. Sexual abuse . Significant morbidity and mortality are associated with child abuse due to a child's inability to protect themselves. For the diagnosis of child abuse to be met, clinicians should maintain a high index of suspicion when evaluating patients younger than 18. Mandated reporters are required by law to call the New York State Central Register (SCR) when, in their professional role, they develop a reasonable cause to suspect a child aged younger than 18 is undergoing maltreatment or abuse by a parent or person older than 18 who is legally responsible for the care of the child. New York State (NYS) law aims to establish procedures to protect children from injury or mistreatment and safeguard their physical, mental, and emotional well-being. The law provides due process for determining when the state, through its family court, may intervene against a parent's wishes on behalf of a child so that the child's needs are appropriately met. A respondent is defined as any parent or other person legally responsible for a child's care who is alleged to have abused or neglected the child. A child is defined as any person aged younger than 18.  An abused child refers to a child aged younger than 18 whose parent or another person legally responsible for their care enacts any of the following: 1. 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: 1. 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: 1. (A) commits, or allows to be committed an offense against such child defined in article 130 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 of the penal law; (C) commits any of the acts described in sections 255.25 of the penal law; or (D) allows such child to engage in acts or conduct described in article 263 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 263 of such law shall not apply to proceedings under this article. Neglected child or maltreated child refers to a neglected child aged younger than 18 with any of the following: 1. 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, including: 1. In supplying the child with adequate food, clothing, shelter, or education following the provisions of part 1 of article 65 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 before the filing of the petition; or in supplying the child with adequate food, clothing, shelter, or education under the provisions of part 1 of article 65 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. 2. 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 they lose self-control of their 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 they lose self-control of their actions shall not establish that the child is neglected 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 outlined in paragraph (i) of this subdivision. 2. Who has been abandoned, per the definition and other criteria outlined in subdivision 5 of section 384.B of the social services law, by their parents or other person legally responsible for their care. 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. Neglect includes maltreatment. The following terms are additional definitions utilized: "Person legally responsible": The child's custodian, guardian, or any other person responsible for the child's care at the relevant time. The custodian may include any person continually or at regular intervals found in the same household as the child when such person's conduct causes or contributes to the child's abuse or neglect. "Impairment of emotional health/condition": A state of substantially diminished psychological or intellectual functioning concerning, 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 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 agreed with the state department of social services according to section 39 of the social services law to provide child protective services. "Parent": A person recognized under NYS laws as 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 orfamily. .