|
 |
 |
Abused Child – Under New York State Social Services Law (Section 412), an abused child is a child less than eighteen years of age whose parent or other person legally responsible for his/her care:
- inflicts or allows to be inflicted upon such child physical injury by other than accidental means, or
- creates or allows to be created a substantial risk of physical injury to such a 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, a sex offense against such child, as defined in the penal law, or
- allows, permits, or encourages such child to engage in any act described in Sections 230.25, 230.30, and 230.32 of the penal law (such as prostitution), or
- commits any of the acts described in section 255.25 of the penal law (such as incest), or
- allows such child to engage in acts or conduct described in Article 263 of the penal law (for example, obscene sexual performance).
An abused child can include a child 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 (Section 412.8 of the Social Services Law).
An abused child can include a child with a handicapping condition who is older than eighteen years of age, and placed in one of the following facilities (Section 412.1c):
- the New York State School for the Blind
- the New York State School for the Deaf
- a private residential school which has been approved by the Commissioner of Education for special services or programs
- a special act school district; or
- a state-supported institution for the instruction of the deaf or blind which have a residential component.
Maltreated Child – Under New York State Social Services Law (Section 412), a maltreated child is a child under eighteen who has either been defined 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.
A maltreated child can include a child with a handicapping condition who is older than eighteen years of age, who is defined as a neglected child in residential care, and who is residing in one of the following (Section 412.1c):
- the New York State School for the Blind
- the New York State School for the Deaf
- a private residential school which has been approved by the Commissioner of Education for special services or programs
- a special act school district; or
- a state-supported institution for the instruction of the deaf or blind which have a residential component.
Neglected Child – Under Section 1012(f) of the Family Court Act, a neglected child is a child under eighteen who has been abandoned by his/her parents or other person legally responsible for the child's care, or 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/her parent or other person legally responsible for his/her care to exercise a minimum degree of care:
- in supplying the child with adequate food, clothing, shelter or education in accordance with provisions of part one of article sixty-five of the education law, or medical, dental, optometric, 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 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 or she loses self-control of his/her actions; or by any other acts of similarly serious nature requiring the aid of the courts; or
Emotional Neglect – Children whose mental or emotional conditions have been impaired due to emotional neglect is defined by the Family Court Act (Section 1012h):
- "Impairment of emotional health" and "impairment of mental or emotional condition" includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggression or self-destructive impulses, ability to think and reason, or acting out and misbehavior, including incorrigibility, inability to govern, or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent (i.e., parent or person legally responsible for the child) to exercise a minimum degree of care toward the child.
Neglected Child in Residential Care – Section 412.9 of the New York State Social Services Law includes a separate definition of neglected children in residential care, for children residing in group residential facilities listed above. Section 412.6 defines a "custodian" as a director, operator, employee, or volunteer of a residential care facility or program. 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 supervision 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.
Person Legally Responsible – According to Section 1012(g) of the Family Court Act, a "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 persons causes or contributes to the abuse or neglect of the child. It is important to note that abuse or maltreatment can result from the acts of the parent or the "person legally responsible."
Adapted from: The identification and reporting of child abuse and maltreatment: New York State Syllabus. (2001).
|
Contact
For additional information, please contact:
Marlene Scheer
Continuing Education Coordinator
Social Work Building, Rm 231
p - 516.877.4343
f - 516.877.4392
e - scheer@adelphi.edu
|
|
