In New York, child abuse laws fall under the Criminal Code. Under Family Court Act, Section 1012.(e), an abused child is one whose, parents or guardians are legally responsible for the child’s care, inflict physical abuse, mental abuse, sexual exploitation, or assault. Child abuse could also constitute maltreatment and neglect that result in serious harm to the child.
Child abuse is a serious crime in New York, and if you’re charged with assault and battery of a child, you could face up to 25 years in prison without the right representation. If you or a friend has been accused of child abuse in New York, it is advisable to consult with an experienced New York City family law attorney for legal guidance.
Child Abuse Laws in New York
Under New York child abuse laws Code Section 411-428, child abuse constitutes any injury inflicted intentionally, causing impairment of physical or mental health, disfigurement, death, or creating a high risk of injury or sexual abuse.
Child abuse or neglect reports are filed when there is reason to suspect that a child has been abused or if someone has information regarding an instance of child abuse. Mandated reporters are required to make their suspicions of child abuse known. These suspicions might be cultivated by certain circumstances involving the child, the condition in which the child is living, or facts presented to them by the child.
Who is Considered a Mandated Reporter for Child Abuse?
In New York, certain professions are required by law to act as mandated reporters for any suspected child abuse. Mandated reporters who do not report their suspicions to the correct parties can be held accountable in the criminal and civil legal system for willingly failing to report abuse incidents.
Mandated reporters are required to make a report when presented with reasonable or substantial doubt to suspect a child is being abused. The professions that require their workers to act as mandated reporters include:
- Social services workers
- Licensed marriage and family therapists
- Registered physician’s assistants
- School officials and teachers
- Residential care workers and volunteers
- Mental health professionals
- District attorneys or assistant district attorneys
- Christian Science practitioners
- Emergency Medical Technicians (EMTs)
- Providers of family or group family daycare
- Law enforcement personnel
How a New York Family Law Attorney Can Help
A family law attorney specializes in matters related to family law and can help handle your child abuse case. New York imposes stiff penalties on those charged with child abuse, so you want to have the best legal representation possible. The laws surrounding child abuse and neglect in New York are complex and can be draining, especially if you are working with inexperienced lawyers.
Therefore, if you or someone you know has been accused of child abuse or neglect and need assistance, the dedicated team of family law attorneys at New York Family Law Group can help. We rely on our 30+ years of experience to provide you with the legal expertise, individualized services, and compassionate support you require to achieve a desirable outcome.
Ready to get started? Schedule a free discovery call at (718) 293-1542 to discuss your case details with our New York child abuse lawyers, Ethan Steward and Martin Mohr, and get the assistance you need.
source https://www.newyorkfamilylawgroup.com/blog/new-york-child-abuse-laws-an-overview/
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