New York Child Abuse Laws

In New York, the Family Court Act created a separate system for handling suspected child abuse and neglect cases. New York child abuse laws include abandoned and neglected children, but there are separate laws and penalties for child abandonment and child neglect.

The Office of Children and Family Services (OCFS) investigates child abuse and maltreatment reports and works with parents, family members, and other legal guardians to address the root causes of abuse and neglect. OCFS workers can arrest abusive parents and remove children from dangerous households.

Although penalties for child abuse fall under the New York Penal Code, OCFS handles most cases under social services law. The law gives OCFS greater latitude in managing cases for the child’s best interests and keeping the family together.

New York Child Abuse Laws

New York state law defines child abuse as an act against any child under 18 years of age where parents or caregivers:

• Cause or allow serious physical injury, disfigurement or loss or impairment of physical or emotional health
• Cause or allow a condition which creates a risk of such injury or impairment
• Cause or allow the child to be a victim of sexual abuse, human trafficking, or pornography
• Fail to provide basic food, clothing, shelter, or medical care (FCT § 1012)

New York State Child Protective Services (CPS) must:

• Investigate child abuse and maltreatment reports
• Protect children (under 18 years old) from further abuse or maltreatment
• Provide rehabilitative services to children, parents, and other family members involved

The law excludes injury due to accidental means. However, courts may consider negligence a form of abuse if the adult failed to exercise a minimum degree of care when the accident occurred. For instance, a car accident that injures a child is not neglectful. Drunk driving leading to a child’s injury could be neglect or abuse.

Mandated Reporting

Mandated reporters are those required by law to report abused children when they know or reasonably suspect such abuse is occurring. Reports go to the Statewide Central Register of Child Abuse and Maltreatment (SCR). The Hotline takes calls 24 hours a day at 1-800-342-3720.

Mandated reporters have regular contact with children or are in a position to notice signs of abuse and neglect. Mandated reporters of child abuse include:

• Health care providers and hospital personnel
• Mental health professionals and substance abuse counselors
• Teachers and school officials
• Social service workers
• Child care providers and day care center workers
• Law enforcement officers including agents in the district attorney’s office

The medical examiner must report any signs of child abuse or sexual abuse when performing an autopsy.

Other Reporters

Any other person can report suspected abuse or neglect if they reasonably believe such abuse is taking place. Individuals making a report in good faith are immune from criminal and civil liability if the report is unfounded.

Reporters can contact the Hotline or local child protective services (CPS). In emergency cases, reporters should call 911 and law enforcement immediately.

Penalties for Child Abuse in New York

Alleged abusers can face criminal charges for assault and battery, sexual assault on a child, and other penal code violations in addition to charges under the Family Court Act. Under the Act, anyone is guilty of endangering the welfare of a child (PEN § 260.10) if they:

• Act in a manner that could physically or mentally harm a child under the age of 17
• Fail to prevent a minor under 18 from becoming a neglected or abused child

Other outcomes include loss of parental rights, placement of the child in foster care, and jail time.

Endangering the welfare of a child is a Class A misdemeanor.

Failure to report for mandatory reporters is a Class A misdemeanor, and the reporter or agency is liable for civil penalties (SOS § 420).

False reporting of child abuse or neglect with knowledge that the abuse did not occur is a Class A misdemeanor (PEN § 240.50).

Get Legal Advice from a New York Criminal Defense Attorney

Child abuse and neglect are serious crimes with serious outcomes for perpetrators and victims. New York Child Protective Services try to keep families together when possible.

If you or a family member are facing such charges, you’ll need legal advice. Contact a New York criminal defense attorney or family law attorney to protect your rights.