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Parents' Guide to New York State Child Abuse and Neglect Laws

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Parents' Guide to New York State Child Abuse and Neglect Laws nycACS NYC Administration for Children’s Services Pa rents’ Guide to New York State Child Abuse and Neglect Laws Michael R. Bloomberg Mayor William C. Bell Commissioner 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 Information ..................................................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, clothing 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 City’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 New York City, 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’ mission 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.
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