The Identification and Reporting of Child Abuse and Maltreatment Course For Mandated Reporters

Selected Sections of Related Laws

Child abuse, maltreatment, and neglect are legally defined, in each state, by state legislation. In New York State, definitions appear in the New York State Social Services Law, Section 412, and the New York State Family Court Act, Section 1012. Other important references appear in sections of the Penal Law.
Chapter 544 of the Laws of 1988 amended sections of the Social Services Law and the New York State Education Law. Chapter 544 requires coursework or training in the identification and reporting of child abuse and maltreatment for many mandated reporters.

>> "Abuses child" means:

• a child under eighteen years of age defined as an abused child by the family court act;
• a child under the age of eighteen years who is defined as an abuse child in residential care pursuant to subdivision eight of this section; or
• a child with a handicapping condition, as defined in subdivision one of section forty-four hundred one of the education law, who is eighteen years of age or older, and in residential care in a school or facility described in paragraph (c), (d), (e) or (f) of subdivision seven of this sections, and is defined as an abused child pursuant to subdivision eight of this section; provided that such term shall include a pupil with a handicapping condition in residential care in such a school or facility who is defined as an abused child pursuant to subdivision eight of this section, is twenty-one years of age, and is entitled, pursuant to subdivision five of section forty-four hundred two of the education law, to remain in such school or facility until either then termination of the school year or the termination of the summer program, as applicable.

(Social Services Law, Section 412.1)

>> "Abused child" means a child less than eighteen years of age whose parent or other person legally responsible for his care

• inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, or serious or protracted disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the functions of any bodily organ, or
• 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, or protracted impairment of physical or emotional health or protracted loss or impairment of the functions of any bodily organ, or
• commits, or allows to be committed, a sex offense against such child, as defined in the penal law; allows, permits or encourages such child to engage in any act described in sections 230.25, 230.30, and 230.32 of the penal law; commits any acts described in section 255.25 of the penal law; or allows such child to engage in acts or conduct described in article two hundred and sixty-three of the penal law provided, however, the (a) the corroboration requirements contained in the penal law and (b) the age requirement of the application of article two hundred sixty-three of such law shall not apply to proceedings under this article.

(Family Court Act, Section 1012, subdivision e)

>> "Abused child in residential care" means a child whose custodian:

• inflicts or allows to be inflicted upon such child physical injury by other than accidental means which causes or creates a substantial risk of death, serious protracted disfigurement, protracted impairment of physical or emotional health or protracted loss or impairment of the function of any organ;
• 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 organ; or
• commits, or allows to be committed, a sex offense against such child, as described in the penal law; allows, permits or encourages such child to engage in any acts described in section 230.25, 230.30 or 230.32 of the penal law; commits any of the acts described in section 255.25 of the penal law, or allows such child to engage in acts or conduct described in article two hundred sixty-three of the penal law, provided however, that (i) the corroboration requirements in the penal law and (ii) the age requirement for the application of article two hundred sixty-three of such law shall not apply to proceedings commenced pursuant to this title or article ten of the family court act.

(Social Services Law, Section 412.8)

>> "Residential Care" means:

• care provided to a child who has been placed by the family court with a social services official or the state division for youth, or whose care and custody or custody and guardianship has been transferred or committed to, a social services official, another authorized agency, or the state division for youth and such care is provided in an agency operated boarding home, a group home or child care institution;
• care provided a child in a facility or program operated or certified by the state division for youth pursuant to article nineteen-G or nineteen-H of the executive law, excluding foster family care;
• care provided a child in the new York state school for the blind or the New York state school for the deaf, pursuant to the provisions of articles eighty-seven and eighty-eight of the education law;
• care provided a child in a private residential school which is within the state and which has been approved by the commissioner of education for special education services or programs;
• care provided in institutions for the instruction of the deaf and the blind which have a residential component, and which are subject to the visitation of the commissioner of education pursuant to article eighty-five of the education law;
• care provided through a residential placement of a child with a special act school district listed in chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, as amended; or
• care provided a child in a residential facility licensed or operated by the office of mental health or the office of mental retardation and developmental disabilities, excluding family care homes.

(Social Services Law, 412.7)

>> "Maltreated child" includes:

• a child under eighteen year of age:
• defined as a neglected child by the family court act;
• who has had serious physical injury inflicted upon him by other than accidental means; or
• who is in residential care and is defined as neglected child pursuant to subdivision nine of this section; or
• a child with a handicapping condition, as defined in subdivision one of section forty-four hundred one of the education law, who is eighteen years of age or older, is in residential care in a school or facility described in paragraph (c), (d), (e) or (f) of subdivision seven of this section, provided that such term shall include a pupil with a handicapping condition in residential care in such a school or facility who is defined as a neglected child pursuant to subdivision nine of this section, is twenty-one years of age, and is entitled, pursuant to subdivision five of section forty-four hundred two of the education law, to remain in such school or facility until either the termination of the school year or the termination of the summer program, as applicable.

(Social Services Law, Section 412.2)

>> "Neglected child" means a child less than eighteen years of age

• 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
  • 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 or optometrical or surgical care, though financially able to do so or offered financial or other reasonable means to do so; or
  • 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, 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
• 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.

(Family Court Act, Section 1012, subdivision f)

>> "Neglected child in residential care" means a child whose custodian impairs, or places in imminent danger of becoming impaired, the child's physical, mental or emotional condition:

• by intentionally administering to the child any prescription drug other than in accordance with a physician's or physician's assistant's prescription;
• in accordance with the regulation of the state agency operating, certifying or supervision such facility or program, which shall be consistent with the child's age, condition, service and treatment needs, by:
  • failing to adhere to standards for the provision of food, clothing, shelter, education, medical, dental, optometrical or surgical care, or for the use of isolation or restraint; or
  • failing to adhere to standards for the supervision of children by inflicting or allowing to be inflicted physical harm, or a substantial risk thereof; or
• by failing to conform to applicable state regulations for appropriate custodial conduct.

(Social Services Law, Section 412.9)

>> "Impairment of Emotional Health" and "Impairment of Mental or Emotional Condition" includes 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.
(Family Court Act, Section 1012, subdivision h)

>> "Person Legally Responsible" includes 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.
(Family Court Act, Section 1012, subdivision g)

>>"Subject of the Report" means any parent of, guardian of, custodian of or other person eighteen years of age or older legally responsible for, as defined above, a child reported to the central register of child abuse and maltreatment who is allegedly responsible for causing injury, abuse or maltreatment to such child or who allegedly allows such injury, abuse or maltreatment to be inflicted on such child, or an operator of or employee or volunteer in a home operated or supervised by an authorized agency, the division for youth, or an office of the department of mental hygiene or in a family day-care home, a daycare center, a group family day care home or a day-services program who is allegedly responsible for causing injury, abuse or maltreatment to a child who is reported to the central register of child abuse or maltreatment or who allegedly allows such injury, abuse or maltreatment to be inflicted on such child.

(Social Services Law, Section 412.4)

>> "Other Persons Named in the Report" shall mean and be limited to the following persons who are named in a report of child abuse or maltreatment other than the subject of the report: the child who is reported to the central register of child abuse and maltreatment; and such child's parent, guardian, custodian or other person legally responsible for the child who have not been named in the report as allegedly responsible for causing injury, abuse or maltreatment to the child or as allegedly allowing such injury, abuse or maltreatment to be inflicted on such child; in the case of a report involving abuse or maltreatment of a child in residential care, such term shall be deemed to include the child's parent, guardian or other person legally responsible for the child who is not named in such report.
(Social Services Law, Section 412.5)

>> "Custodian" means a director, operator, employee or volunteer of a residential care facility or program.
(Social Services Law, Section 412.6)

>> "Child Protective Agency" means any duly authorized society for the prevention of cruelty to children or 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.
(Family Court Act, Section 1012, subdivision i)