Definitions of Child Abuse and Neglect New York
Standard
Inflicts or allows to be inflicted
Creates or allows to be created
Commits or allows to be committed
Exemption
Not addressed in statutes reviewed
Categories of Maltreatment Defined in Statute
Physical abuse
Neglect
Sexual abuse
Sexual exploitation
Emotional/mental injury
Abandonment
Categories of Maltreatment Not Defined in Statute
DEFINITIONS
N.Y. Soc. Serv. Law § 412 (West, WESTLAW through L. 2003)
'Abused child' means:
A child under 18 years of age defined as an abused child by the family court act;
A child under the age of 18 years who is defined as an abused child in residential care pursuant to this section; or
A child with a handicapping condition, as defined by the education law, who is 18 years of age or older, is in residential care in a school or facility described in section, and is defined as an abused child pursuant to 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 this section, is 21 years of age and is entitled, pursuant to 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.
'Maltreated child' includes:
A child under 18 years of age not in 'residential care' as defined in this section:
Defined as a neglected child by the family court act; or
Who has had serious physical injury inflicted upon him by other than an accidental means; or
A child in residential care as defined in this section who is:
Under 18 years of age, except that a child with a handicapping condition, as defined in the education law, who is 18 years of age or older, is in residential care in a school or facility described in 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 21 years of age, and is entitled, pursuant to 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; and
Is a neglected child in residential care as defined in this section.
N. Y. Family Court Law § 1012(e)-(h), (j) (West, WESTLAW through 1999, Ch. 7)
'Abused child' means a child less than 18 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 function 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 function 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 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 263 of the penal law provided, however, that (a) the corroboration requirements contained in the penal law and (b) the age requirement for the application of article 263 of such law shall not apply to proceedings under this article.
'Neglected child' means a child less than 18 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 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 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; or
Who has been abandoned, in accordance with the definition and other criteria set forth in the social services law, by his parents or other person legally responsible for his care.
'Person legally responsible' includes the child's custodian, guardian, 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.
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