Unless otherwise indicated, the information on this page is reprinted from the Child Welfare Information Gateway, a web site of the Children’s Bureau of the U.S. Department of Health and Human Services. The Child Welfare Information Gateway connects professionals and concerned citizens to timely, essential information and resources targeted to the safety, permanency, and well-being of children and families.

Read a plain-language summary of the definition of and laws surrounding child abuse.

New York State statutes

Definitions of Child Abuse and Neglect

Physical Abuse

Citation: Soc. Serv. Law § 371

Abused child means a child less than age 18 whose parent or other person legally responsible for his or her care:

• Inflicts or allows to be inflicted upon such child physical injury by other than accidental means that causes or creates a substantial risk of death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ
• Creates or allows to be created a substantial risk of physical injury to such child by other than accidental means that would be likely to cause death, serious or protracted disfigurement, protracted impairment of physical or emotional health, or protracted loss or impairment of the function of any bodily organ

Sexual Abuse

Citation: Soc. Serv. Law § 371

Abused child means a child less than age 18 whose parent or other person legally responsible for his or her care commits, or allows to be committed, an act of sexual abuse against such child, as defined in title H, article 130, of the penal law.

Neglect

Citation: Soc. Serv. Law § 371

Neglected child means a child less than age 18 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 or her parent or other person legally responsible for his or her care to exercise a minimum degree of care:

• In supplying the child with adequate food, clothing, shelter, education, or medical or surgical care, although financially able to do so or offered financial or other reasonable means to do so
• In providing the child with proper supervision or guardianship
• By unreasonably inflicting or allowing harm to be inflicted, or a substantial risk thereof, including the infliction of excessive corporal punishment
• By misusing drugs or alcoholic beverages to the extent that he or she loses self-control of his or her actions
• By any other acts of a similarly serious nature requiring the aid of the court

Persons Responsible for the Child

Citation: Soc. Serv. Law § 371; Family Court Act § 1012

Responsible persons include the child’s parent and other persons legally responsible for the child’s care.

Person legally responsible includes the child’s custodian, guardian, any other person responsible for the child’s care at the relevant time. A custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or neglect of the child.

New York State Statute regarding Child Advocacy Centers

Amendment to the Executive Law Article 23, Section 642-A, Subdivision 1

NB Effective March 29, 2009

Fair treatment of child victims as witnesses. To the extent permitted by law, criminal justice agencies, crime victim-related agencies, social services agencies and the courts shall comply with the following guidelines in their treatment of child victims:
1.    To minimize the number of times a child victim is called upon to recite the events of the case and to foster a feeling of trust and confidence in the child victim, whenever practicable and where one exists, a multi-disciplinary team as established pursuant to subdivision six of section four hundred twenty-three of the social services law and/or a child advocacy center shall be used for the investigation and prosecution of child abuse cases involving abuse of a child, as described in paragraph (i), (ii) or (iii) of subdivision (e) of section one thousand twelve of the family court act, sexual abuse of a child or the death of a child.

Amendment to the Social Services Law Article 6, Title 6, Section 423, Subdivision 6

NB Effective March 29, 2009

6. A social services district may establish a multidisciplinary investigative team or teams and may establish or work as part of a child advocacy center established pursuant to section four hundred twenty-three-a of this title, at a local or regional level, for the purpose of investigating reports of suspected child abuse or maltreatment. The social services district shall have discretion with regard to the category or categories of suspected child abuse or maltreatment such team or teams may investigate, provided, however, the social services district shall place particular emphasis on cases involving the abuse of a child as described in paragraph (i), (ii) or (iii) of subdivision (e) of section one thousand twelve of the family court act, sexual abuse of a child or the death of a child. Members of multidisciplinary teams shall include but not be limited to representatives from the following agencies: child protective services, law enforcement, district attorney’s office, physician or medical provider trained in forensic pediatrics, mental health professionals, victim advocacy personnel and, if one exists, a child advocacy center. Members of the multidisciplinary team primarily responsible for the investigation of child abuse reports, including child protective services, law enforcement and district attorney’s office, shall participate in joint interviews and conduct investigative functions consistent with the mission of the particular agency member involved. It shall not be required that members of a multidisciplinary team not responsible for the investigation of reports participate in every investigation. Such other members shall provide victim advocacy, emotional support, and access to medical and mental health care, where applicable. All members, consistent with their respective agency missions, shall facilitate efficient delivery of services to victims and appropriate disposition of cases through the criminal justice system and/or the family court system in a collaborative manner, however, non-investigative team members shall note their specific role in the team for reports covered under this title. Notwithstanding any other provision of law to the contrary, members of a multidisciplinary investigative team or a child advocacy center may share with other team members client-identifiable information concerning the child or the child’s family to facilitate the investigation of suspected child abuse or maltreatment. Nothing in this subdivision shall preclude the creation of multidisciplinary teams or child advocacy centers which include more than one social services district. Each team shall develop a written protocol for investigation of child abuse and maltreatment cases and for interviewing child abuse and maltreatment victims. The social services district is encouraged to train each team member in risk assessment, indicators of child abuse and maltreatment, and appropriate interview techniques.

Source: http://public.leginfo.state.ny.us/menugetf.cgi

Mandated Reporters of Child Abuse and Neglect

Professionals Required to Report

Citation: Soc. Serv. Law § 413

[Effective October 1, 2007]

The following persons and officials are required to report:

• Physicians, physician assistants, surgeons, medical examiners, coroners, dentists, dental hygienists, osteopaths, optometrists, chiropractors, podiatrists, residents, interns, psychologists, registered nurses, social workers, or emergency medical technicians
• Licensed creative arts therapists, marriage and family therapists, mental health counselors, or psychoanalysts
• Hospital personnel or Christian Science practitioners
• School officials, including but not limited to, teachers, guidance counselors, school psychologists, school social workers, school nurses, or administrators
• Social services workers, daycare center workers, providers of family or group family daycare, or employees or volunteers in a residential care facility or any other child care or foster care worker
• Mental health professionals, substance abuse counselors, or alcoholism counselors
• Peace officers, police officers, district attorneys or assistant district attorneys, investigators employed in the office of a district attorney, or other law enforcement officials

Reporting by Other Persons

Citation: Soc. Serv. Law § 414

Any other person who has reasonable cause to suspect that a child is abused or maltreated may report.

Standards for Making a Report

Citation: Soc. Serv. Law § 413

A report is required when the reporter has reasonable cause to suspect:

• A child coming before him or her in his or her professional or official capacity is an abused or maltreated child.
• The parent, guardian, custodian, or other person legally responsible for the child comes before the reporter and states from personal knowledge facts, conditions, or circumstances that, if correct, would render the child an abused or maltreated child.

Disclosure of Reporter Identity

Citation: Soc. Serv. Law § 422-a

Any disclosure of information shall not identify the source of the report.

Immunity for Reporters of Child Abuse and Neglect

Citation: N.Y. Soc. Serv. Law § 419 

Any person, official, or institution participating in good faith in making a report or the taking of photographs, the removal or keeping of a child pursuant to this title, or the disclosure of Child Protective Services information in compliance with child reporting laws, shall have immunity from any civil or criminal liability that might otherwise result by reason of such actions.

For the purpose of any civil or criminal proceeding, the good faith of any such person, official, or institution required to report cases of child abuse or maltreatment or providing a reporting procedure service shall be presumed—provided that person, official, or institution was acting in the discharge of their duties and within the scope of their employment, and that such liability did not result from the willful misconduct or gross negligence of such person, official, or institution.

Penalties for Failure to Report and False Reporting of Child Abuse and Neglect

To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.

Failure to Report

Soc. Serv. Law § 420

Any mandated reporter who willfully fails to report as required shall be guilty of a Class A misdemeanor.

Any mandated reporter who knowingly and willfully fails to report as required shall be civilly liable for the damages proximately caused by such failure.

False Reporting

Penal Law § 240.50(4)

A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed, or circulated to be false or baseless, he reports, by word or action, to the statewide central register of child abuse and maltreatment, an alleged occurrence or condition of child abuse or maltreatment that did not in fact occur or exist.

Falsely reporting an incident in the third degree is a class A misdemeanor.

Definitions in Federal Law

For information of federal guidelines, download the following PDFs.

Overview of Federal and State Statutes; download the PDF.

Federal and State Statutes, for all 50 states, download the PDF.

Federal and New York State Statues, download the PDF.