Parents' Guide to New York State Child Abuse and Neglect Laws

1 NYC Administration for Children s ServicesACSnycMichael R. BloombergMayorWilliam C. BellCommissionerP a rents Guideto New York State Child Abuse and Neglect LawsTable of ContentsAbout This Booklet/Introduction ..1 What is Child Abuse and Abuse ..3 Physical Neglect /Inadequate Guardianship ..4 Educational Abuse /Verbal Neglect ..8 Sexual Abuse ..10 Drug and Alcohol Abuse ..11 Mandated Information ..15 NYC Administration for Children s Services (ACS)Neighborhood Based Services150 William StreetNew York, NY 100381-877-KIDS-NYC (1-877-543-7692) THIS BOOKLETAs part of our on-going effortto ensure the safety and wellbeing of New York City schildren, the Administrationfor Children s Services (ACS)has produced the 2nd editionof the Parents Guide to theNew York State Child Abuseand Neglect acknowledges the manychallenges that families andchildren encounter.

2 This publication provides usefulinformation about the NewYork State laws that learn more about detectingand reporting Child Abuse , or to find out more about preventive foster care or adoption programs, contactthe ACS Neighborhood BasedServices at I keep my eldest Child home from school to help me with her brothers andsisters. What s the problem?My parents beat me and I turned out all right. A littlespanking here and therenever hurt can t always provide adequate housing, clothing or food for my children. This is not a crime!I get stressed out and needtime alone; sometimes I takeout my anger on the kids. I m only of my religious beliefs,I don t believe in seeking med-ical help for my children ormyself.

3 I have the right tochoose my religious practice! The above are examples of comments made by parents or caregivers who naturallyassume that they can raisetheir children whichever way they choose. In New York State , however, thereare laws to protect childrenfrom the h a rm that parents or caregivers may intentionallyor unintentionally though most parents love their kids and want to do what is best for them, afamily s circumstances doesnot always allow this to happen. Each year, thousandsof children throughout thecountry die as a result ofabuse, and hundreds of thousands more suffer from various forms of maltreatment 2at the hands of their parentsor this reason, the FederalGovernment passed the ChildAbuse Prevention and Tre a t m e n tAct (CAPTA), a law that generally defines what acts are considered maltreatmentof a CAPTA, each State is responsible for providingspecific definitions of childabuse and Neglect .

4 These lawsdescribe the circumstancesand conditions that wouldrequire the intervention of Child protection service agencies. In New York City,the local Child protectionagency is the Administrationfor Children s Services (ACS).Initially, ACS does not decidewhom to investigate. Whensomeone calls in a reportof suspected Child Abuse orneglect, ACS begins its mission is "to ensurethe safety and well-being ofall the children of New York." To this end, ACS uses allavailable means to make certain that children do notlive in danger of Abuse or Neglect , whether intentional or acknowledges the manychallenges that parents and families encounter. In an effortto assist parents or caregiversand prevent the risk of abuseor Neglect , ACS contracts with many community-basedagencies that pro v i d e supportservices for children and families.

5 In addition, resources are available in most communities to assist families with food,clothing, shelter, counseling,and other services (see theresource list at the end of this Guide .)In a city where diverse populations and newly arrived immigrants reside,many cultural differences inchild-rearing practices arecertain to exist. It is importantfor parents and caregivers toknow and understand thatwhat may be permissible for,or expected from, children,parents and caregivers in certain countries can beunlawful under New YorkState purpose of this Guide is the difference between what parents orcaregivers perceive to be their rights and the reality of Child welfare Help parents and caregivers understand the laws of the Child welfare system, and3.

6 Provide a partial list of resources to help parents or caregivers access the assistance they may H AT IS THE Child Abuse ANDNEGLECT LAW ?The Child Abuse Preventionand Treatment Act (CAPTA)defines Child Abuse and neglectas the act, or failure to act, byany parent or caretaker who isresponsible for a Child underthe age of 18 that results inthe maltreatment of a Child . W H AT ARE THE MAIN TYPES OFCHILD MALT R E AT M E N T ?The following are different classifications of Child maltreatment . Physical AbusePhysical Abuse is inflicting or allowing someone to inflict physical injury other than by accidental means. Thisincludes shaking, beating, biting, kicking, punching, and I know that my Child misbehaves because he is possessed by evil spirits.

7 In my culture, it is commonpractice in these situations to tie the Child to the bedand deny him food in anattempt to exorcise the evilspirit. Can I be reported?Yes. In the , this practice is illegal and is considered aharmful way of dealing with a Child s misbehavior. Althoughthis may not be your intention,this practice would result in areport to the New York StateChild Abuse and MaltreatmentHotline, also known as theState Central Register (SCR). My husband becomes frustrated when our infant won t stop crying. He picks up the Child and begins toshake her vigorously. Is thisdangerous?4 This is extremely dangerous to the Child and could result in "shaken baby syndrome." This is a serious injury, whichcould result in brain damage,blindness, retardation, spinalinjury or death.

8 Repeated tossing of a small Child in theair, as a form of play, couldalso cause damage to thechild. You could be reportedfor this as well. I am a licensed caregiverand I baby-sit for six children in my home. Everynow and then a Child will falland injure himself and I mustbring him or her to the I at risk for being charg e dwith physical Abuse ?In a case where a Child injureshimself accidentally and youhave truthfully and accuratelyreported the circumstances of the incident, it would not be considered Child Abuse or Neglect . I discipline my children by hitting them with a is how I was raised andchoose to raise my was told by neighbors thatI risk being reported if I continue.

9 Is this true?Yes. Hitting your Child maycause physical and psychologicalinjury. This can result in areport to the SCR. Physical Neglect /Inadequate GuardianshipParents are responsible for providing a minimum degreeof care for their Neglect is the failureby the parent or caregiver top rovide food, clothing or also includes abandonment,inadequate supervision of achild by a parent or caregiver,and excessive corporal I don t always have themeans to feed, clothe andbathe my children on a regular basis. The school hasthreatened to report me. Dothey have a right to do so?Yes. Teachers are mandatedreporters , professionalsre q u i red by law to re p o rt childabuse or Neglect . As part oftheir job, teachers monitorschool children s physicalappearance and hygiene.

10 If you have met with school officials and fail to cooperate5with a plan to improve carefor your children, they arerequired to report the case to the : If you are having financialor housing difficulties, refer tothe re s o u rce dire c t o ry at theend of this Guide for assistance. I left my daughter at an a f t e r-school program. I knowthe program ends at 5pm,but I couldn t get there topick her up until 8pm. Theschool staff threatened toreport me. Can they do that?Yes. If you cannot get to theschool and if you do not contactthe appropriate person to saywhy you have not picked upyour Child , school or daycarepersonnel may conclude thatyou have abandoned yourchild and contact the authorities.