New York Child Neglect and Abandonment Laws

New York divides its child protection laws into child abuse, neglect, and abandonment.

• Child abuse is physical harm done to a child.
• Child abandonment is the absence of a parent from a child’s life.
• Neglect refers to a failure to provide basic needs like food, clothing, shelter, and education.

State law in New York defines child abuse and neglect as criminal acts as well as family law matters. New York’s Office of Children and Family Services (OCFS), the state child protective services agency, can intervene and arrest parents on behalf of abused and neglected children.

Child Neglect and Abandonment in New York

New York’s Family Court Act created a court specifically for family law matters. The Act defines child abuse, neglect, and abandonment. The Family Courts have exclusive jurisdiction over all abuse, neglect, and child support proceedings, including criminal violations under the penal code.

Courts use the “best interest of the child” standard when determining the disposition of a mistreated child. The child’s safety comes first, but a child is not always removed from the parent’s care. OCFS works with parents and family members to correct situations where parents want what is best for their child and need help to achieve it.

Abandonment

The Family Court Act refers to New York’s social services laws to define abandonment. A child is “abandoned” if:

• OCFS removes the child
• The parent is able to visit or communicate with the child
• The parent doesn't communicate with or visit the child

Unless the agency prevented or discouraged the parent from communicating with the child, courts assume that parents who fail to communicate with their children intend to surrender their parental rights. The court does not require evidence that the agency encouraged the parent to attempt to contact their child.

Child abandonment is a class E felony. Criminal abandonment of a child means deserting a child under 14 in any place with the intent to “wholly abandon” such child. A class E felony is punishable by up to four years in prison.

Neglect

The Family Court Act defines a neglected child as any minor child under 18 years of age whose physical, mental, or emotional condition is at risk because of a parental failure:

• To provide basic food, clothing, shelter, or medical care
• To provide adequate supervision
• To exercise self-control leading to physical abuse or maltreatment

Neglect may result from excessive use of corporal punishment, use of drugs or alcohol while the child is present, or failure to provide care despite having the financial means to do so.

Failure to support a child is a class E felony. Failure to support means the parent, guardian, or legal caregiver has failed or refused to provide for the child’s care, despite a court order to do so.

Endangerment occurs when a parent or other person with legal custody of a child:

• Acts in a manner likely to cause physical injury
• Allows the child to work in a hazardous occupation
• Fails to exercise proper control of the child such that the child becomes a neglected or abused child according to the Family Court definition
• Otherwise abandons the child without care for such child’s well-being

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

Mandated Reporters

Any individual who regularly comes in contact with children during their duties must report known or suspected abuse or neglect if they have reasonable belief that such abuse is taking place. Mandated reporting laws require such individuals to report to OCFS or law enforcement.

Mandated reporters under New York law include:

• Health care providers
• Social service workers
• Teachers and school officials
• Law enforcement personnel

Anyone who believes in good faith that a child is being maltreated may contact CPS through the Statewide Central Register (SCR Hotline) at 1-800-342-3720. The Hotline receives calls 24 hours a day. CPS investigates all reports within 48 hours.

Penalties for Failure to Report

Mandated reporters who intentionally fail to report known or suspected child abuse or neglect are guilty of a Class A misdemeanor. They can also be liable for civil damages suffered by the victim.

Individuals making reports in good faith are immune from criminal prosecution and civil liability if CPS finds no basis for their claims.

Get Legal Advice from a New York Family Law Attorney

Child neglect and abandonment are serious matters. Parents want what is best for their child, and charges of abuse or neglect are serious legal issues. If you’re facing these allegations, your children could be placed in foster care, and you could face criminal charges. If you need legal advice, speak with a New York family law attorney or criminal defense attorney to learn your options.