Child abuse is generally the mistreatment of a child by a parent or caregiver—through actions or inactions—that causes injury, death, or emotional harm to the child—or that places the child at serious risk of such injury, death, or emotional harm. Mistreatment that constitutes child abuse may take many forms, including neglect, physical abuse, sexual abuse, emotional abuse, failure to supervise, and exploitation. Child abuse laws vary from state to state and are usually located in a state’s family code and criminal or penal code.
In New York, child abuse laws are designed to protect children from harm and to hold perpetrators accountable for their actions. The state defines child abuse as any act committed by a parent, guardian, or caregiver that results in serious physical or emotional harm, sexual abuse, or exploitation, or that poses an imminent risk of serious harm to a child under the age of 18. Neglect, another form of child abuse, is characterized by the failure of a parent or caregiver to provide for a child's basic needs, including food, shelter, medical care, or supervision. New York's Family Court Act and Social Services Law address the civil aspects of child abuse, while the Penal Law defines and prescribes penalties for criminal conduct. Mandatory reporting laws require certain professionals, such as teachers and doctors, to report suspected child abuse to authorities. The New York State Office of Children and Family Services (OCFS) is the agency responsible for investigating reports of child abuse and maltreatment and can take protective action, including removing a child from an unsafe environment. Criminal charges for child abuse can range from misdemeanors to felonies, depending on the severity of the abuse.