CA8

Review Family Court Act, Article 10, Sec. 1012(e)

The Child

• Children are defined as individuals from birth up to eighteen years of age. Therefore, you cannot report prenatal harm, but a child born with a positive toxicology can be reported.

• Youth no more than 21 years of age who is a person with disability and are in residential care in certain New York schools for the blind or deaf or in private residential schools for special educational services may also be reported to the SCR.

• First, consider: 1) the location, 2) size and 3) the shape of the injury.
• Children are susceptible to injuries in relation to their developmental stage.
• If a plausible explanation is offered, consider the age of the child and the location of a suspicious injury when developing your thoughts about “reasonable cause to suspect.”

Important Notes:

• Abuse reflects the seriousness of the injury.
• Maltreatment involves the quality of care a child  receives.
• There needs to be a connection between harm to the child or substantial likelihood of harm and the actions or inactions of the person responsible for the children.
• Deciding if a report is classified as abuse or maltreatment is the job of the SCR