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

What to Report

The Federal Child Abuse Prevention and Treatment Act (CAPTA) provide the minimum guidelines for all states to follow. Included in the guidelines are the minimum required definitions of physical abuse that includes sexual abuse, maltreatment and neglect and emotional neglect.

The information provided are the legal definitions as reflected in the applicable NYS Social Services Law and the Family Court Act.

Physical Abuse

New York State Social Services Law, Section 412, defines an abused child to be a child under eighteen years of age who is defined as abused by the Family Court Act.

>> Section 1012(e) of the Family Court Act further defines an abused child as a child less than eighteen years of age whose parent or other person legally responsible for his/her care:

• inflicts or allows to be inflicted upon such child physical injury by other than accidental means, or
• creates or allows to be created a substantial risk of physical injury to such a 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 function of any bodily organ, or

• commits, or allows to be committed, a sex offense against such child, as defined in the penal law, or
• 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 [i.e., prostitution], or
• commits any of the acts described in section 255.25 of the penal law [i.e., incest], or
• allows such child to engage in acts or conduct described in article 263 of the penal law [e.g., obscene sexual performance, sexual conduct].

Maltreatment and Neglect

Social Services Law, Section 412, states that a maltreated child is a child under eighteen years of age: (a) defined as a neglected child by the Family Court Act; or (b) who has had serious physical injury inflicted upon him/her by other than accidental means.

>> Section 1012(f) of the Family Court Act defines a neglected child as 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/her parent or other person legally responsible for his/her care to exercise a minimum degree of care:
  • in supplying the child with adequate food, clothing, shelter education 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 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 or she loses self-control of his/her actions; or by any other acts of similarly serious nature requiring the aid of the court; or
    
• who has been abandoned by his/her parents or other person legally responsible for the child's care.

Emotional Neglect

Emotional neglect is defined as a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggression or self-destructive impulses, ability to think and reason, or acting out and misbehavior, including incorrigibility, ungovernability or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the parent of or other person legally responsible for the child to exercise a minimum degree of care toward the child. (Family Court Act, Section 1012(h))

The Neglected and Maltreated Child in Residential Care

Section 412.8 of the Social Services Law states that an abused child can include a child residing in a group residential care facility under the jurisdiction of the State Department of Social Services, Division for Youth, Office of Mental Health, Office of Mental Retardation and Developmental Disabilities, or State Education Department. The definition of an abused child in these settings is virtually identical to the above definition of abuse occurring in a familial setting.

Section 412.1(c) states that an abused child can include a child with a disability, who is eighteen years of age or older, who is defined as an abused child in residential care. Section 412.2 (c), states that a maltreated child can include a child with a handicapping condition, who is eighteen years of age or older, who is defined as a neglected child in residential care. Both these sections of Social Services Law stipulate that the residential care as being provided in one of the following:

• the New York State School for the Blind (Batavia, NY) or the New York State School for the Deaf (Rome, NY);
• a private residential school which has been approved by the Commissioner of Education for special education services or programs;
• a special act school district; or
• state supported institutions for the instruction of the deaf and blind, which have a residential component.

Section 412.9 of the Social Services Law, indicates a separate definition for a neglected child in residential care. This definition pertains to children residing in a group residential facility under the jurisdiction of the State Department of Social Services, Division for Youth, Office of Mental Health, Office of Mental Retardation and Developmental Disabilities, or State Education Department. Section 412.6 defines a custodian as a director, operator, employee or volunteer of a residential care facility or program. A neglected child in residential care mans 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 physicians or physician's assistant's prescription;

>> in accordance with the regulations of the state agency operating, certifying, or supervising 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.

Who is the Person Legally Responsible?
It is important to emphasize that abuse or maltreatment can result from the acts of the parent or person legally responsible for a child's care, and suspected incidents should be reported.

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 persons causes or contributes to the abuse or neglect of the child. (Section 1012(g) of the Family Court Act).