NCJ Number
52288
Journal
Pediatrics Volume: 51 Issue: 4 Dated: (APRIL 1973) Pages: 783-792
Date Published
1973
Length
10 pages
Annotation
THE CHILD ABUSE REPORTING LAWS AND THE CHILD PROTECTIVE LAWS AND PROCEEDINGS IN NEW YORK STATE ARE DESCRIBED AND DISCUSSED.
Abstract
IT IS REPORTED THAT NEW YORK HAS ONE OF THE MOST COMPREHENSIVE CHILD ABUSE REPORTING LAWS OF ANY OF THE STATES IN ITS SOCIAL SERVICES LAW. ANY PHYSICIAN, SURGEON, MEDICAL EXAMINER, CORONER, DENTIST, OSTEOPATH, OPTOMETRIST, CHIROPRACTOR, PODIATRIST, RESIDENT, INTERN, REGISTERED NURSE, HOSPITAL PERSONNEL ENGAGED IN ADMISSION, EXAMINATION CARE OR TREATMENT OF PERSONS, OR CHRISTIAN SCIENCE PRACTITIONER, HAVING REASONABLE CAUSE TO SUSPECT THAT A CHILD UNDER 16 YEARS OF AGE HAS HAD SERIOUS PHYSICAL INJURY INFLICTED ON HIM BY OTHER THAN ACCIDENTAL MEANS IS REQUIRED TO REPORT SUCH A SUSPICION TO THE CITY DEPARTMENT OF SOCIAL SERVICES. SOCIAL SERVICES WORKERS AND SCHOOL OFFICIALS ARE ALSO MANDATED TO REPORT CHILD ABUSE SUSPICIONS. LEGISLATION PASSED IN 1969 AND 1970 AUTHORIZES ANY HOSPITAL WHICH HAS IN ITS CHARGE A CHILD SUSPECTED OF BEING ABUSED TO HOLD THAT CHILD IN ITS CUSTODY UNTIL THE NEXT REGULAR WORKDAY SESSION OF THAT PART OF THE FAMILY COURT WHICH IS CHARGED WITH PROCESSING CHILD ABUSE CASES. SPECIFIED REPORTING PERSONS ARE EXEMPTED FROM LIABILITY BY THE LAW WHEN ACTING IN 'GOOD FAITH'. IT IS REPORTED THAT NEW YORK HAS ALSO ENACTED WHAT IS BELIEVED TO BE THE MOST COMPREHENSIVE PROCEDURAL STATUTE OF ANY OF THE STATES DEALING WITH THE HANDLING OF CHILD ABUSE CASES. THE DEFINITIONS OF CHILD ABUSE AND NEGLECT AS SPECIFIED IN THE LAW ARE INDICATED. THE CHILD ABUSE PROCEEDING IS INITIATED BY FILING WITH THE FAMILY COURT A PETITION OR COMPLAINT WHICH STATES IN WHAT RESPECTS THE CHILD IS ALLEGED TO HAVE BEEN ABUSED. THOSE AUTHORIZED BY STATUTE TO INITIATE PROCEEDINGS ARE IDENTIFIED. CONDITIONS UNDER WHICH A CHILD MAY BE REMOVED FROM HOME WITHOUT A COURT ORDER ARE SPECIFIED. THE STATUTE APPLIES RES IPSA LOQUITOR TO CHILD ABUSE CASES. THIS ALLOWS THAT PROOF OF INJURY OR CONDITION WHICH WOULD ORDINARILY NOT BE SUSTAINED OR EXIST EXCEPT BY REASON OF ACTS OR OMISSIONS OF THE PARENT IS ACCEPTED AS PRIMA FACIAE EVIDENCE OF ABUSE OR NEGLECT. DRUG ABUSE PRODUCING CERTAIN DESCRIBED PHYSICAL EFFECTS IN PARENTS RESPONSIBLE FOR THE CARE OF A CHILD IS ALSO PRIMA FACIAE EVIDENCE OF CHILD NEGLECT. DISPOSITION OF CASES IS DISCUSSED, AND THE TEXT OF A PANEL DISCUSSION FOLLOWING THE PRESENTATION IS PROVIDED. (RCB)