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nycACS NYC Administration for Children’s Services

Pa rents’ to State Child Abuse and Neglect Laws

Michael R. Bloomberg Mayor William C. Bell Table of Contents

About This Booklet/Introduction ...... 1 What is Child Abuse and Neglect...... 3 Physical Abuse ...... 3 Physical Neglect/Inadequate Guardianship...... 4 Educational Neglect...... 5 Emotional Abuse/Verbal Abuse...... 7 Emotional Neglect...... 7 Medical Neglect...... 8 Sexual Abuse ...... 10 Drug and Alcohol Abuse ...... 11 Mandated Reporters...... 12 Resource ...... 15

NYC Administration for Children’s Services (ACS) Neighborhood Based Services 150 William Street New York, NY 10038 1-877-KIDS-NYC (1-877-543-7692) www.nyc.gov/acs ABOUT THIS BOOKLET I can’t always provide adequate housing, As part of our on-going effort or food for my children. to ensure the safety and well This is not a crime! being of New York ’s children, the Administration I get stressed out and need for Children’s Services (ACS) time alone; sometimes I take has produced the 2nd edition out my anger on the kids. of the Parents’ Guide to the I’m only human. New York State Child Abuse Because of my religious beliefs, and Neglect Laws. I don’t believe in seeking med- ACS acknowledges the many ical help for my children or challenges that families and myself. I have the right to children encounter. This choose my religious practice! publication provides useful The above are examples of information about the New comments made by parents York State laws that protect or caregivers who naturally children. assume that they can raise To learn more about detecting their children whichever and reporting child abuse, way they choose. In New or to find out more about York State, however, there preventive foster care or are laws to protect children adoption programs, contact from the h a rm that parents the ACS Neighborhood Based or caregivers may intentionally Services at 212-341-3060. or unintentionally inflict. Even though most parents INTRODUCTION love their kids and want to do what is best for them, a Sometimes I keep my eldest family’s circumstances does child home from school to not always allow this to help me with her brothers and happen. Each year, thousands sisters. What’s the problem? of children throughout the My parents beat me and I country die as a result of turned out all right. A little abuse, and hundreds of spanking here and there thousands more suffer from never hurt anyone. various forms of maltreatment

1 at the hands of their parents neglect, whether intentional or caregivers. or unintentional. For this reason, the Federal ACS acknowledges the many Government passed the Child challenges that parents and Abuse Prevention and Trea t m e n t families encounter. In an effort Act (CAPTA), a law that to assist parents or caregivers generally defines what acts and prevent the risk of abuse are considered maltreatment or neglect, ACS contracts of a child. with many community-based agencies that pro v i d e support Under CAPTA, each State services for children and is responsible for providing families. In addition, specific definitions of child resources are available abuse and neglect. These laws in most communities to describe the circumstances assist families with food, and conditions that would clothing, shelter, counseling, require the intervention and other services (see the of child protection service resource list at the end of agencies. In , this guide.) the local child protection agency is the Administration In a city where diverse for Children’s Services (ACS). populations and newly Initially, ACS does not decide arrived immigrants reside, whom to investigate. When many cultural differences in someone calls in a report child-rearing practices are of suspected child abuse or certain to exist. It is important neglect, ACS begins its for parents and caregivers to investigation. know and understand that what may be permissible for, ACS’ is "to ensure or expected from, children, the safety and well-being of parents and caregivers in all the children of New York." certain countries can be To this end, ACS uses all unlawful under New York available means to make State law. certain that children do not live in danger of abuse or

2 The purpose of this guide is to: ■ Physical Abuse 1. Illustrate the difference Physical abuse is inflicting between what parents or or allowing someone to inflict caregivers perceive to be physical injury other than their rights and the reality by accidental means. This of child welfare laws. includes shaking, beating, biting, kicking, punching, 2. Help parents and caregivers and burning. understand the laws of the child welfare system, and EXAMPLES 3. Provide a partial list of • I know that my child resources to help parents misbehaves because he is or caregivers access the possessed by evil spirits. assistance they may need. In my culture, it is common practice in these situations to tie the child to the bed WH AT IS THE CHILD ABUSE AND and deny him food in an NEGLECT LAW? attempt to exorcise the evil The Child Abuse Prevention spirit. Can I be reported? and Treatment Act (CAPTA) Yes. In the U.S., this practice defines child abuse and neglect is illegal and is considered a as the act, or failure to act, by harmful way of dealing with any parent or caretaker who is a child’s misbehavior. Although responsible for a child under this may not be your intention, the age of 18 that results in this practice would result in a the maltreatment of a child. report to the New York State Child Abuse and Maltreatment Hotline, also known as the WH AT ARE THE MAIN TYPES OF State Central Register (SCR). CHILD MALTR E AT M E N T ? • My husband becomes The following are different frustrated when our infant classifications of child won’t stop crying. He picks maltreatment. up the child and begins to shake her vigorously. Is this dangerous?

3 This is extremely dangerous Yes. Hitting your child may to the child and could result cause physical and psychological in "shaken baby syndrome." injury. This can result in a This is a serious injury, which report to the SCR. could result in brain damage, blindness, retardation, spinal ■ injury or death. Repeated Physical Neglect/ tossing of a small child in the Inadequate Guardianship air, as a form of play, could Parents are responsible for also cause damage to the providing a minimum degree child. You could be reported of care for their children. for this as well. Physical neglect is the failure • I am a licensed caregiver by the parent or caregiver to and I baby-sit for six provide food, clothing or shelter. children in my home. Every It also includes abandonment, now and then a child will fall inadequate supervision of a and injure himself and I must child by a parent or caregiver, bring him or her to the doctor. and excessive corporal Am I at risk for being charge d punishment. with physical abuse? EXAMPLES In a case where a child injures • I don’t always have the himself accidentally and you means to feed, clothe and have truthfully and accurately bathe my children on a reported the circumstances of regular basis. The school has the incident, it would not be threatened to report me. Do considered child abuse or they have a right to do so? neglect. Yes. Teachers are “mandated • I discipline my children reporters”, professionals by hitting them with a belt. req u i red by law to rep o rt child This is how I was raised and abuse or neglect. As part of choose to raise my children. their job, teachers monitor I was told by neighbors that school children’s physical I risk being reported if I appearance and hygiene. continue. Is this true? If you have met with school officials and fail to cooperate

4 with a plan to improve care occurs. If something should for your children, they are happen to your child, you required to report the case will be held responsible. to the authorities. • My 12-year-old child is home Note: If you are having financial alone after school for a few or housing difficulties, refer to hours until I get home from the res o u rce direc t o ry at the work. Is this acceptable end of this guide for assistance. under New York State law? • I left my daughter at an According to the law, there is af t e r-school program. I know no set age at which you can the program ends at 5pm, leave a child alone. The parent but I couldn’t get there to is responsible for deciding pick her up until 8pm. The whether or not the child is school staff threatened to mature and responsible report me. Can they do that? enough to understand the circumstances and take care Yes. If you cannot get to the of her or himself. school and if you do not contact the appropriate person to say Note: While the law does not why you have not picked up specify age, very young children your child, school or daycare cannot take care of themselves personnel may conclude that and should not be left alone. you have abandoned your child and contact the authorities. ■ Educational Neglect • Sometimes I leave my two- year-old son at home to go Educational neglect includes to the corner store. I tell my failure to enroll a school-age neighbor that I’ll be back in child in school, allowing ten minutes and ask her to unexplained absences from listen for him. Is this okay? school, refusal of rec o m m e n d e d remedial services without good No. This is considered reason, and failure to respond inadequate supervision. It is to attendance questions. important to have someone physically present in your home during the time you are out in case an emergency

5 EXAMPLES make sure that you can prov i d e • Ien rolled my son in all the proper home school ki n d e rg a rten but don’t always registration materials and send him to school. Since cu rriculum documentation ki n d e rg a rten isn’t mandatory, upon req u e s t . does it really matter if he • As a new immigrant, I attends every day? sometimes need to keep my While it is true that kinder- fluent English-speaking ga rten is not mandatory, if you child home from school to enroll your child in a school, help me translate at my the child must attend on a appointments. Could this regular basis. If the child is be considered educational consistently absent without a neglect? documented excuse, the school Yes. If the child is chronically is required to investigate the absent from school, the school reason for these absences. If, is required to investigate. for whatever reason, you have Chronic absence can include decided not to send your child 10 consecutive days or 20 to the school he is enrolled in, intermittent days in a marking you must officially withdraw period. him from the school. • My child is 17 years old and • My child is enrolled in a refuses to attend school. It is school but I have decided beyond my control to ensure for safety and educational his attendance. Can I be reasons that I would prefer charged with educational to educate my child at home neglect? (called "home-schooling”). No. According to the law, Can I be charged with children age 17 and over have educational neglect for not a right to determine whether sending my child to school? or not they attend school. A If you remove your child from parent or caregiver is no a school you must officially longer responsible for their withdraw the child’s name child’s school attendance. from the school and district Note: Parents should seek help office rosters. You must also in handling a situation where

6 a 17-year-old is refusing to go a conference with both of to school (refer to the resource us. During the conference, directory at the end of this I told my son that he was guide.) stupid and incompetent. I don’t think my re m a r k s w e re emotionally abusive. ■ Emotional Abuse/Verbal Am I wro n g ? Abuse Belittling or insulting a child You rotten, no good little punk! can impair his or her emotional You never do anything right! well-being and leave the child I wish you had never been feeling helpless and worthless. born. You are a burden! This situation could therefore A child who is consistently be considered verbal abuse. exposed to negative and abusive statements, such as ■ Emotional Neglect the examples given above, is likely to suffer from emotional Emotional neglect is the failure abuse that can impair his or of a parent or caregiver to her psychological development. supply a child with the love Emotional abuse is commonly and support necessary for a defined as the non-physical healthy emotional development. maltreatment of a child (under Examples include failure to 18 years old) that can seriously provide warmth, attention, in t e rf e re with his or her positive supervision, affection, praise emotional development. Patterns or encouragement to a child. of abusive behavior can include EXAMPLES constant rejection, terrorizing, exposing a child to corruption, • I am a single parent, very violence or criminal behavior, sick and responsible for th re e irrational behavior and verbal ch i l d ren. I am dependent on abuse (excessive yelling, my eldest child for assistance belittling and teasing). with his younger siblings and with tending to some EXAMPLES of my medical needs. In my • My son was having problems culture the eldest child is in school. His teachers called always expected to help

7 out in the home. Is this not display a lot of emotion acceptable in New York? to w a rd their kids. Will I be rep o rted for emotionally It may or may not be. When neglecting my children? a parent depends too much on a child, or expects him No. However, children need or her to act as an adult, the a certain amount of affection, child may experience stress attention, praise, and due to feelings of guilt, encouragement, to develop in excess responsibility and healthy ways. If your children isolation(If you are a parent begin to withdraw emotionally, and need help, see the res o u rc e or complain of a lack of attention directory at the end of this or affection they are receiving guide.) from you, it may be time for you to look more closely at • My child has witnessed my how you nurtu re your children . husband yell and curse at me and, on several occasions, actually hit me. Is this ■ Medical Neglect considered harmful to my child’s well-being? A parent or caregiver is required to supply adequate Children who witness any medical, dental, optical and form of violence including surgical care for a child under family violence may experience 18 years old. This medical psychological, emotional, or care includes seeking adequate behavioral problems as a res u l t . treatment for conditions that Children often do not under- impair, or threaten to impair, stand what is happening and the child’s mental, emotional may feel that they are the or physical condition. Following cause of the violence, or they prescribed treatment for may feel guilty for not being medical, psychiatric, and able to prevent the violence. psychological care. Obtaining • My father didn’t hug and preventive care such as well- kiss me very much as a child. baby care checkups, and I am the same way with my immunizations for polio, children. Ho w e v e r, I notice mumps, and measles. that their friends’ parents

8 EXAMPLES Did I do the wrong thing by • My son, who is seriously ill, not telling the trut h ? was prescribed multiple It is best to be honest about medications, which he how the injury occurred. does not like, and I will Conflicting stories may create not force him to take. Is this reasons to assume that you are considered medical neglect? hiding something. This may It may or may not be. Not lead to the emergency room following the prescribed personnel requesting an treatment may place your investigation by ACS. child at risk of medical • Many of my friends in the complications (or possibly neighborhood have advised death) and may be considered me not to take my son to medical neglect. the hospital when he is hurt • While baking a cake, my because ACS will take him daughter burned her arm with away. Is this true? the door of the oven. I applied ACS will not take your child a home remedy from my away just because you seek native country. She developed care for his or her injuries. an infection after 10 days. Regulations mandate that all Was my treatment considered surrounding circumstances un l a w f u l ? be examined and evaluated The law requires that parents before ACS removes a child seek medical attention once a from his or her home. child has been injured. While • The school nurse sent a letter some home remedies may be with my daughter claiming useful for mild ailments, it is she needs glasses. No one in best to seek medical attention my family wears glasses, and for any serious injuries. I won’t make my daughter • My three - y e a r-old son fell and wear them. Can I be charge d in j u red himself. I took him to with medical neglect? the emergency room and Yes. Failure to follow up made up a story about how with the school nurse’s the injury occurred fearing recommendation can obstruc t may not be believed. your child’s development,

9 which can be considered if an operation is the best ne g l e c t . medical option. • I have many appointments at Family Court, the welfare ■ Sexual Abuse office, New York City Housing, and my children’s school. I Sexual abuse includes incest, do not have additional time rape, obscene sexual perfo rm a n c e , to take my child to doctor fondling a child’s genitals, appointments, especially intercourse, sodomy, and any when he is not ill. Does this other contact such as exposing constitute medical neglect? a child to sexual activity or exhibitionism, or commercial Multiple canceled appointments exploitation such as pros t i t u t i o n with the child’s pediatrician can of a minor or production of be considered medical neglect. pornographic materials. Fa i l u re to provide well-child care can often lead to more For all sexual acts, a person serious conditions, which, if is deemed legally incapable not addressed, may be deemed of consent if he or she is the result of medical neglect. under 17 years old, mentally Medical personnel are mandated incapacitated, or physically rep o rters and must rep o rt medical helpless. neglect if they suspect it. EXAMPLES • I took my son to the ear •Iheard about a father who doctor who told me that undresses his 14-year-old he needed an operation to daughter every night and improve his hearing. He physically checks to see asked me to schedule the if she is still a virgin. He operation right away. I did claims this is a standard not schedule it with him, practice in his homeland. but instead took my son to Should this be brought to another doctor. Is this someone’s attention? medical neglect? Yes. This practice may be No. You have the right to have common in other countries, another doctor examine your but in the U.S. it is considered son and help you determine traumatic to the child and

10 may be construed as an act nor the pictures to be for sale. of incest. This practice would Therefore, your neighbor warrant an ACS investigation. probably has not committed sexual abuse. • In my country, I am expected to have sex with my 11-year- old daughter in order to be her ■ Drug and Alcohol Abuse first sexual experience. When I explained this to the doctor, In New York City, approx i m a t e l y he said he would rep o rt me. 70% of the cases investigated Wh y ? by ACS involve some form of substance abuse. Evidence While it may be expected and has shown that children who permissible in your country, grow up in homes involving in the U.S. sexual activity the abuse of alcohol and/or with a member of your family drugs are more likely to be is considered an act of incest ma l t reated as well as physically and is against the law. and emotionally neglected. • We have a two-bedroom Us u a l l y, the parent or careg i v e r apartment. My 10-year-old is more focused on using and son shares one bedroom with obtaining the substance than his 23-year-old sister who considering the emotional and sometimes brings home her physical needs of the child; boyfriend and engages in money that should go for food, sexual activity in front of clothing or shelter is spent on my son. My son claims not to alcohol and/or drugs. mind. Is this inappropriate? EXAMPLES Yes. Exposing your son to sexual • My neighbor goes out drinking activity violates the law. reg u l a r l y. She comes home • My neighbor showed me drunk, can’t make dinner pictures she took of her nude or tend to the children and baby in the bath. Isn’t this she passes out. Can she be a form of sexual abuse? rep o rted for child abuse? Probably not. In this instance Yes. She can be reported. She your neighbor’s intentions do has the responsibility to care not appear to be malicious for her children and if she

11 cannot do so because she is As a mandated reporter, you drunk, a report can be called must make a report whenever in to the SCR. you have reasonable cause to suspect that a child appearing • I use drugs and am now be f o re you in your prof e s s i o n a l seven months pregnant. If my or official capacity is being baby is born with a positive abused or neglected. toxicology for illegal drugs, will a report be called in to This mandatory reporting the child abuse hotline? statute is for the purpose of identifying suspected abused Yes. If the baby is born with a and neglected children as soon positive toxicology for illegal as possible in order to protect drugs, then this would have to them from further harm and, be investigated. The investigation wh e re appropriate, offer servi c e s would focus on, among other to assist their families. things, whether or not you are actively using illegal drug s , whether or not you are in a Mandated reporters include: rehabilitation program, whether you’ve had other children born Day Care Workers, Dental Staff, with a positive toxicology, and District Attorneys Office Staff, wh e t h e r you have adequate Foster Care Workers, Medical provisions (such as food, Examiners, Mental Health clothing, or shelter) at home Professionals, , for the child. Psychologists, Residents, In t e rn s , Nurses, School Offi c i a l s , Substance Abuse Counselors, A note on mandated reporters Social Service Staff, Assistants, Police Officers, Other New York State laws describe Law Enforcement Officials, and the circumstances and Hospital Personnel. conditions, like those discussed in this brochure, which constitute child abuse or neglect. In addition, the laws require certain individuals to report known or suspected ■ Re s o u rce Informa t i o n cases of abuse or neglect.

12 ABUSE PREVENTION AND Programs to assist single IN T E RVENTION RESOURCES parents and activities for NY State Central Register Child children and teens. Abuse & Maltreatment Hotline Mon-Fri, 9:30a.m.-5:30p.m. Accepts rep o rts of child abuse (212) 951 -7030 and neglect. Child Advocacy 24 hours/7 days a week Center (800) 342-3720 Information and referral. Outside NY State Mon-Fri, 10a.m.-8p.m. (518) 474-8740 Sat-Sun, 10a.m.-6p.m. New York Foundling Paren t (718) 260-6080 He l p l i n e Family Dynamics Provides emergency childcare, Counseling, parenting classes, crisis counseling and afterschool program, respite telephone ref e rrals. nursery. 24 hours/7 days a week Mon-Fri, 9a.m.-5p.m. (212) 472-8555 (212) 255-8484 Su p p o rtive Children ’s National Respite Locator Advocacy Network (SCAN)-NY Service Pa rent-Aides Assoc. Inc. Referrals to respite or crisis After School Program programs. Mon-Fri, 9a.m.-5p.m. Mon-Fri, 9a.m.-5p.m. (212) 683-2522 (800) 773-5433 Prevent Child Abuse NY – Resources for Children with Pa rent Helpline Special Needs, Inc. Provides information and In f o rmation, ref e rral, advocacy, ref e rrals servi c e s . training, education and outrea c h . 24 hours/7 days a week Mon-Fri, 9a.m.-5:30p.m. (800) 342-7472 (212) 677-4650 Ch i l d ren Advocacy Center of Administration for Children’s Ma n h a t t a n Services Assessment and treatment serv- Office of Advocacy for victims of child abuse. Parents’ and Children’s Rights Mon-Fri, 9a.m.-5p.m. Unit (212) 517-3012 Mon-Fri, 9a.m.-5p.m. (212) 676-9421

Single Parent Resource Center CHILDCARE

13 ACS Agency for Child Health care referrals for Development children under 19. Information on Day Care & 24 hours/7 days a week. Head Start (800) 698-4543 Mon-Fri, 9a.m.-5p.m. HOUSING ASSISTANCE (718) FOR KIDS (367-5437) Eviction Prevention Housing DOMESTIC VIOLENCE Court Units HOPE - Domestic Violence Mon-Fri, 9a.m.-5p.m. Hotline (718) 237-7024 Information, referrals, crisis Homeless/Emergency Shelter intervention, counseling, 24 hours/7 days a week shelters, and advocacy. (800) 994-6494 24 hours/7 days a week (800) 621-4673 NYC Housing Authority Mon-Fri, 9a.m.-5p.m. FOSTER AND ADOPTIVE (212) 828-7100 PARENTING SERVICES ACS Parent Recruitment Hotline Immigration and Mon-Fri, 9a.m.-5p.m. Naturalization Service (212) 676-WISH (9474) In f o rmation on immigrant rights, benefits, and . HEALTH-RELATED RESOURCES 24 hours/7 days a week Information (800) 375-5283 (Human Resources NY Association for New Administration Info line) Americans 24 hours/7 days a week Legal, social vocational and (718) 291-1900 other services for immigrants. Life Net Mon-Fri, 9a.m.-5p.m. Information and referrals for (212) 425-2900 mental health services. AIDS & HIV-RELATED 24 hours/7 days a week SERVICES (800) LIFE-NET (543-3638) AIDS/HIV Hotline NYC Immunization Action Plan Information, referrals, testing Referrals to immunization and counselling. clinics. 24 hours/7 days a week 24 hours/7 days a week (212) 447-8200 (800) 325-CHILD (2445) DRUG OR ALCOHOL ABUSE Child Health Plus SERVICES 14 Alcohol Abuse - Alcoholics Food after hours Anonymous Information and 24 hours/7 days a week referrals. (718) 402-6277 Mon-Fri, 9a.m.-10p.m. Food and Hunger Hotline (212) 647-1680 Referrals to local soup Drug Abuse Information Line kitchens and food pantries (800) 522-5353 24 hours/7 days a week (212) 533-6100 EDUCATIONAL & EMPLOYMENT TRAINING Food Stamps/Surplus Food Distribution Training & Employment (HRA Info-line) Hotline (HRA Info line) 24 hours/7 days a week 24 hours/7 days a week (718) 291-1900 (718) 291-1900 Women, Infants, and Children Business Link Job referrals for Public (WIC Program) Assistance recipients. Supplemental food program (NYS Health-Line) Mon-Fri, 9a.m.-5p.m. 24 hours/7 days a week (212) 643-2881 (800) 522-5006 FINANCIAL ASSISTANCE YOUTH SERVICES ACS Office of Child Support New York City Youthline Enforcement Crisis intervention, informa- Mon-Fri, 9a.m.-5p.m. tion and referral (212) 226-7125 24 hours/7 days a week Public Assistance Info-line (800) 246-4646 (HRA Info line) 24 hours/ Youth Crisis Hotline 7 days a week (718) 291-1900 Referral hotline for youth ages 13-17 Social & SSI 24 hours/7 days a week Information on SS benefits (800) 448-4663 and medicare. Applications for claims for disability, retirement, survivors, etc. Mon-Fri, 7a.m.-7p.m. (800) 772-1213 FOOD ASSISTANCE Emergency Assistance Unit

1915 Produced by the ACS Neighborhood Based Services, the Office of Advocacy and the Graphics Unit July 2003