Dating age in ny
Can a child abuse or neglect report be made against the parent or caregiver solely on the grounds that a teen in their care is sexually active? However, abuse committed by a school employee against a student in a school setting is governed by another set of laws. No, absent other allegations of abuse or neglect, a minor is not an abused or neglected child merely because she or he is sexually active.15 Without other evidence of abuse, mandatory reporters should not report sexually active or pregnant minors to the Statewide Central Register. School employees must report any allegations of such abuse to school authorities, but , 122 Misc. When must a mandatory reporter make a child abuse report? Mandatory reporters must report a of child abuse or neglect immediately to the Statewide Central Register.11 A reasonable suspicion must be based upon "articulable facts which, when examined objectively, would lead others to the same conclusion" that a child whom they see in their professional capacity has been abused or neglected.12 Therefore, a proper report is based upon a reasonable suspicion that a parent or caregiver harmed - or allowed a third party to harm - the child. 1984) (finding a mother guilty of neglect because she should have known that her daughter was being sexually abused by the stepfather and failed to act to protect her). A mandated reporter or young person who faces a specific legal problem should consult with an attorney. The word "allow" means that a child's parent or caregiver knew or "should have known about" abuse to the child by a third party and "did nothing to prevent or stop it."6 To determine whether abuse or neglect has occurred, New York courts require a showing that a parent or guardian failed to exercise a minimum degree of care and therefore generally consider "whether a reasonable and prudent parent would have so acted (or failed to act) under [the] circumstances" that existed at the time.7 2. Mandatory reporters are health and educational professionals who are legally required to report suspected cases of child abuse or neglect to the Statewide Central Register when they have a reasonable suspicion that a child whom they see in their professional capacity is an abused or neglected child.8 Mandatory reporters are: A provision added in 2007 now requires the mandated reporter to personally report suspected child abuse to the Statewide Central Register and inform the director of his or her agency or institution. 2d at 221 (finding no statutory duty to report an instance of abuse against a child committed by someone who could not be the subject of a report when there is no showing that the mother was incapable or unwilling to protect the child from further potential abuse); , 171 A. 1991) (finding that daughter was an abused child because her mother was unwilling or unable to protect her from being sexually abused by her older brother). This is a change from previous law, which called for a medical staff member to first report to a designated agent for the agency or institution, who then was responsible for making the report.10 3. Act § 1012 at 314 (1999) ("‘Allowing' a child to be abused includes taking no appropriate protective (or preventive) action after being warned of the danger to a child"). Situation #1: The parent is unaware of his or her child's sexual activity.
This memorandum is not intended to provide individualized legal advice. New York's child abuse reporting law mandates certain professionals to file a report when they either have reasonable cause to suspect or become aware of abuse or maltreatment (neglect) committed by a "parent, guardian, custodian or other person legally responsible" (hereinafter referred to as "parent or caregiver") for a child's care.1 Abuse or maltreatment means that the parent or caregiver directly harms the child or acts in a way that allows the child to be physically or emotionally harmed or sexually abused.2 Under New York law, a child abuse report is only required if the abuse is committed by a parent or caregiver, because they are the only ones that can be ‘the subject of a report."3 Therefore, the Statewide Central Register should only commence an investigation in a case involving suspected child abuse or maltreatment against a parent or caregiver, and not in a case involving a person who is clearly not considered a person legally responsible for the child's care,4 even if that person harmed a child.5 Harms committed by strangers or peers are therefore not mandated reports, unless a parent has allowed a third party to harm the child.
In , the court concluded that a parent must know that his or her teen is engaging in sexual activity in order to consider a charge of child abuse or neglect.16 In that case, an appellate court affirmed the lower court's dismissal of charges against the parents of a 13-year-old girl whose boyfriend was 23, because no evidence had been presented to suggest the parents knew of the sexual relationship.