'Abused child' means a child younger 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
Neglect - Citation: Soc. Serv. Law § 371
'Neglected child' means a child younger 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
Sexual Abuse/Exploitation - Citation: Soc. Serv. Law § 371
The term 'abused child' includes a child younger 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.
Emotional Abuse - Citation: Family Court Act § 1012
'Impairment of emotional health' and 'impairment of mental or emotional condition' includes a state of substantially diminished psychological or intellectual functioning in relation to, but not limited to, such factors as failure to thrive, control of aggressive or self-destructive impulses, ability to think and reason, acting out, or misbehavior, including incorrigibility, ungovernability, or habitual truancy; provided, however, that such impairment must be clearly attributable to the unwillingness or inability of the respondent to exercise a minimum degree of care toward the child.
Abandonment - Citation: Soc. Serv. Law § 384-b
A child is 'abandoned' by his or her parent if such parent evinces an intent to forgo his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child or agency, although able to do so and not prevented or discouraged from doing so by the agency. In the absence of evidence to the contrary, such ability to visit and communicate shall be presumed.
Standards for Reporting - Citation: Soc. Serv. Law § 413
A report is required when there is reasonable cause to suspect that a child has been abused or maltreated.
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.
The term 'person legally responsible' includes the child's custodian, guardian, and any other person responsible for the child's care at the relevant time. A custodian may include a 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.
No exceptions are specified in statute.