Child Abuse Mandated Reporter Training for New York State
Identifying and Reporting Child Abuse and Maltreatment

CONTACT HOURS: 2

BY: 

Sheree L. Goldman, DNP, MSN, RN, WHNP

LEARNING OUTCOME AND OBJECTIVES:  Upon completion of this course, you will have gained the knowledge to identify and report child abuse, child neglect, and child maltreatment. Specific learning objectives to address potential knowledge gaps include:

  • Define terminology related to child abuse according to New York State law.
  • Recognize physical and behavioral indicators of physical abuse, neglect, and sexual abuse.
  • Describe New York State requirements and processes for mandated reporters of suspected cases of child abuse and maltreatment.
  • Explain the requirements for placing a child into protective custody.
  • Discuss the legal protections afforded mandated reporters and the consequences for failing to report.

TABLE OF CONTENTS

  • What is Child Abuse?
  • Recognizing Physical Abuse
  • Recognizing Physical and Emotional Neglect
  • Recognizing Sexual Abuse
  • Reporting Child Abuse, Maltreatment, and Neglect
  • Placing a Child in Protective Custody
  • Gathering Forensic Evidence
  • Legal Issues for Mandated Reporters
  • Conclusion
  • Resources
  • References

WHAT IS CHILD ABUSE?


The government has a responsibility to protect children when parents or other persons legally responsible for a child’s care fail to provide proper care and to intervene in cases of child maltreatment. Likewise, healthcare professionals have a responsibility to recognize and report suspected child abuse and maltreatment. Therefore, it is important to know the definitions of abuse in the state(s) in which one lives and/or practices.

Different states and government entities may vary in their definitions of child abuse. The term child abuse generally describes the most serious harms committed against children by the persons who are responsible for their care. The following definitions are specific to the state of New York and address various forms of abuse.

Person Legally Responsible

The New York State Family Court Act, section 1012(g), states:

“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.

Abuse

Child abuse may include serious physical harm or substantial risk of serious physical harm to the child. Acts of sexual abuse are also included in this definition. These acts are committed by the parents or caretakers of the child or allowed to occur by the parent or caretaker.

Child abuse in New York State is defined in Family Court Act, section 1012(e) (emphasis added).

“Abused child” means a child less than 18 years of age whose parent or other person legally responsible for the child’s care:

  1. 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
  2. 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
  3. Commits or allows to be committed a [sex] offense against such child … [see “Sexual Abuse” below]

Neglect

Neglect can be physical, mental, or emotional. It includes the failure to provide a child with adequate food, shelter, clothing, education, hygiene, medical care, and/or supervision needed for normal growth and development when the caregiver is financially capable of doing so or offered assistance to do so.

Child neglect in New York State is defined in the Family Court Act, section 1012(f) (emphasis added):

“Neglected child” means a child less than 18 years of age:

  1. 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:
    1. In supplying the child with adequate food, clothing, shelter or 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
    2. 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 […]; or
  2. Who had been abandoned […] by his parents or other person legally responsible for his care.

Maltreatment

Maltreatment refers to the quality of care that a child receives from the parent or person who is legally responsible for the child’s care. Maltreatment in New York State is defined in the Social Services Law, section 412:

A “maltreated child” includes a child under 18 years of age:

  1. Defined as a neglected child by the Family Court Act [see above], or
  2. Who has had serious physical injury inflicted upon him or her by other than accidental means.
COMPARING ABUSE AND NEGLECT/MALTREATMENT
Abuse Neglect/Maltreatment
Parent or other persons legally responsible:
  • Inflict or allow to be inflicted serious injury
  • Create or allow to be created substantial risk of injury
  • Commit or allow to be committed a sex offense
Parent or other persons legally responsible impair a child’s physical, mental, or emotional condition by:
  • Failing to provide basic needs of food, clothing, shelter, education, or medical care, or education when financially able
  • Inflicting excessive corporal punishment
  • Failing to provide adequate supervision
  • Engaging in excessive use of drugs or alcohol that interferes in the ability to provide adequate supervision

Sexual Abuse/Exploitation

Sexual abuse includes situations in which the parent or another person who is legally responsible for the child commits or allows sexual misconduct, rape or sexual abuse, commercial sexual exploitation, incest, production or possession of pornography, or sex trafficking. New York State Family Court Act, section 1012(e)(iii), and Social Services Law, section 371, list the following:

  • Commits or allows to be committed any sex offense against the child, as defined in article 130 of the penal law, including sexual misconduct, rape, and sexual abuse
  • Allows, permits, or encourages the child to engage in child prostitution, as described in §§ 230.25, 230.30, and 230.32 of the penal law
  • Commits an act of incest, as described in §§ 255.25, 255.26, and 255.27 of the penal law
  • Allows the child to engage in acts or conduct to produce, promote, or possess child pornography, as described in article 263 of the penal law
  • Permits or encourages the child to engage in any act or commits or allows to be committed against the child any offense that would render the child either a victim of sex trafficking or a victim of severe forms of trafficking in persons pursuant to 22 U.S.C. § 7102
    (CWIG, 2019)

Emotional Abuse

Emotional abuse is defined in New York State ’s Family Court Act, section 1012(h):

“Impairment of emotional health” and “impairment of mental or emotional condition” including 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, 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.

Abandonment

The New York State Social Service Law, section 384B, defines abandonment as a situation in which:

A parent evinces an intent to forgo his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child or agency, although able to do so and not prevented or discouraged from doing so by the agency. In the absence of evidence to the contrary, such ability to visit and communicate shall be presumed.

ABANDONED INFANT PROTECTION ACT

In 2000, New York State became one of the first states to enact a “safe-haven” law by passing the Abandoned Infant Protection Act (AIPA). The law designates specific locations as safe places for parents to relinquish their unharmed newborns. It helps ensure that unwanted infants are surrendered to persons who can provide immediate care for their safety and well-being. It also protects parents who feel that they have no choice other than abandonment and want to protect their child from harm.

Abandonment (discarding) of newborn infants in unsafe places is an example of extreme neglect. Under New York State penal law, Title O, Article 260, Section 260, it is considered a Class E felony and a Class A misdemeanor and must be reported by mandated reporters. Under the AIPA, amended in 2010, a parent will not be charged if the following criteria are met:

  1. The abandoned infant can be no more than 30 days old.
  2. The person abandoning the infant must have intended that the infant will be safe from physical injury and cared for appropriately.
  3. The person leaves the infant with an appropriate person or leaves the baby in a suitable location such as a hospital, police station, or fire department. The person immediately notifies an appropriate person of the infant’s location.
  4. The person must intend to wholly abandon the infant by relinquishing responsibility for and rights to the care and custody of the infant.

Any mandated reporter who learns of abandonment is obligated to fulfill mandated reporter responsibilities (see “Reporting Child Maltreatment/Abuse” later in this course). Even if the reporter is unsure of the name of the person abandoning the child, they must make a report, simply listing the unknown person as “Unknown” (NYS OCFS, 2021b).

(See also AIPA in “Resources” at the end of this course.)

Special Definitions Relating to Children in Residential Care

ABUSED CHILD IN RESIDENTIAL CARE

An abused child can include a child with disabilities or special needs who is residing in a group residential care facility, such as one under the jurisdiction of the Department of Social Services, Division for Youth, Office of Mental Health, Office of Mental Retardation and Developmental Disabilities, or State Education Department (Social Services Law, Article 6, Title 6, Section 412.8). The residential care law also applies to children residing in any of the following:

  • New York State School for the Blind or New York State School for the Deaf
  • A private residential school that has been approved by the Commissioner of Education for special education services or programs
  • A special act school district
  • State-supported institutions for the instruction of the deaf and blind that have a residential component

In these settings, the definition of “child” may be extended beyond the age of 18.

NEGLECTED CHILD IN RESIDENTIAL CARE

Article 6, Title 6, Section 412.9, of the Social Services Law provides a separate definition of a neglected child in residential care:

A 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
  • By failing to adhere to standards for the provision of food, clothing, shelter, education, medical, dental, optometric, or surgical care, or for the use of isolation or restraint 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 supervision of children by inflicting or allowing to be inflicted physical harm, or a substantial risk thereof, 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 conform to applicable state regulations for appropriate custodial conduct

*A director, operator, employee, or volunteer of a residential care facility or program

This definition pertains to children residing in group residential facilities 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.

MALTREATED CHILD IN RESIDENTIAL CARE

Article 6, Title 6, Section 412.2(c), of the Social Services Act also specifies that a maltreated child can include a child with a disability who may be up to 21 years of age when he or she is defined as a neglected child in residential care (as defined above).

CHILD ABUSE VICTIM DEMOGRAPHICS

Nationally in 2019:

  • 28.1% of victims were younger than three years.
  • The victimization rate was highest for children younger than 1 year.
  • The percentages of child victims were similar for both boys and girls.
  • The majority of victims were of three races/ethnicities: White (43.5%), Hispanic (23.5%), and African American (20.9%).
  • Native American or Alaska Native children had the highest rate at 14.8 per 1,000 children, and African American children had the second highest rate at 13.8 per 1,000 children.
  • About 75% of victims were neglected, 17.5% were physically abused, and 9.3% were sexually abused. There were an additional 439 reports of sex trafficking.

In New York State in 2019:

  • There were 70,754 documented victims of abuse or neglect, which represents a rate of 16.8 per 1,000 children and an increase of 1% from 2015.
  • There were 4,282 recorded cases of medical neglect, 64,262 incidents of neglect, 6,112 cases of physical abuse, 2,262 cases of sexual abuse, and 509 cases of psychological maltreatment.

(U.S. DHHS, 2021; NYS Kids Wellbeing Indicators Clearinghouse, 2021)