Nys dating laws
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). New York laws about "statutory rape" and child abuse reporting are confusing. This list of frequently asked questions (FAQ) describes when to make a report to the Statewide Central Register of Child Abuse and Maltreatment (the reporting hotline for child abuse and neglect) based on a minor's sexual activity. New York courts that have considered the question of whether a parent's knowledge of a teen's sexual activity constitutes child abuse have found that it is not child abuse for a parent to know that a minor child is sexually active if they have responded appropriately under the circumstances.19 For example, in , a mother was charged with abuse and neglect because her daughter was sexually active with, and became pregnant at the age of 14 by, a 20-year-old boyfriend. The court dismissed the charges and concluded that Leslie's sexual activity and pregnancy did not support a child abuse finding against her mother. The court found that while statutory rape laws serve a strong social policy purpose, child abuse liability cannot reasonably be extended to the parents of all sexually active minors.20 The court extensively discussed the policy reasons against imposing particular moral or religious values under the pretext of child protection, and the practical problems involved in convicting thousands of parents-including responsible and involved parents-of child abuse because of their children's sexual activity.21 The court concluded that any abuse or neglect charges should be "limited to those parents who fail to intervene in sexual relationships of which they have personal knowledge."22 In summary, parents of sexually active or pregnant minors should not automatically be reported for suspected child abuse or neglect, even if they know of such activity. Should a mandatory reporter file a child abuse report against the parents of a sexually active minor solely on the basis of the child's sexual activity with an older partner? In order to report a possible case of child abuse or neglect, a mandatory reporter must have a reasonable suspicion that such abuse or neglect is occurring.23 Because courts have found that failure to prevent a child's voluntary sexual activity does not constitute abuse under New York law, this situation in and of itself cannot give rise to a reasonable suspicion of child abuse. While the age of the minor may be taken into account in determining whether sex was voluntary, a conclusion should not be based solely upon the age difference between the partners.
Generally, there is no abuse or neglect if a parent or guardian is unaware of a teen's sexual activity. Y.3d 175 (2004) (dismissing claim for failure to report abuse of child by 14-year-old boy because boy was not a parent, caregiver, or person legally responsible for the child's welfare and therefore could not be the subject of the report pursuant to the law); 488 F.
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).