What is Child Abuse and Maltreatment/Neglect?

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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 have handicapping conditions 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.

 

Key Points:

  • When identifying suspected child abuse and maltreatment, begin by considering the child. Carefully review what has happened to the child that leads you to believe there is harm or risk of harm to the child.
  • Always start with the child and establish his or her condition, and then explore the involvement of the parent or person legally responsible for the care of the child.
  • There are definitions you must understand that establish parameters for reporting abuse and maltreatment.  Generally, maltreatment involves the quality of care a child receives. Abuse reflects the seriousness of the injury.
  • 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 child.
  • Deciding if a report is classified as abuse or maltreatment is the job of the SCR when the report is made or by local CPS during the investigation.
  • The following definitions should be used as guidelines to determine if there is reasonable cause to suspect abuse or maltreatment.

 

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