New York

How does state law define child abuse and neglect for reporting purposes?

• Mandated reporters must report abuse and maltreatment as defined by New York Social Services law 412 and legal guidance interpreting the statute.
  • “Abused child” means a child less than eighteen years of age whose parents of other person legally responsible of 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 of impairment of the function of any bodily organ, or
    • Creates or allows to be crated 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 an act of sexual abuse against such child defined in the penal law.
  • A "maltreated child" includes a child under eighteen years of age:
    • defined as a neglected child by the family court act, or
    • who has had serious physical injury inflicted upon him or  her by other than accidental means.
  • “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, education, medical 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 unreasonable inflicting or allowing to be inflicted harm, or a substantial risk thereof, including the infliction or excessive corporal punishment; or my misusing a drug or drugs; or by misusing alcoholic beverages to the extent that he loses self-control of his actions; or my 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 previously; or
    • Who has been abandoned by his parents or other person legally responsible for his care.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

Refer to the 2017 New York Laws at Justia US Law for the most current and complete definitions and reporting law.