In 1983, both the House and the Senate supported a proclamation naming April as Child Abuse Prevention Month.  This effort was a culmination of efforts of the U.S. Dept of Health and Human Services, Administration for Families and Children and  to bring awareness to the rampant and systemic tragedy of child abuse.  Although initiated by the federal government, many state and local government, social service providers and advocates also joined in the proliferation of awareness of the issue.

          As an advocate, law guardian, attorney and a human being, I believe that a huge cause of child abuse is ignorance.  Ignorance arises as a result cultural  beliefs, generational traits or merely oblivion.  Child abuse can easily be misconstrued as physical and/or sexual abuse.  However, child abuse and child neglect encompasses educational, health care even mental health issues.  Given that, I would like to discuss the legal definition of child abuse ( which I will address next week) and neglect as prescribed by Family Court Act, Article Ten.

Child Neglect Provisions: 

                        1.                  Impairment of Physical, Mental or Emotional Conditio: 

Defined as a state of “substantially diminished psychological or intellectual functioning in relation to such things as ability to think, misbehavior or habitual truancy.  The petitioner must show that these impairments were caused or at imminent risk of harm as a result of the parent(s) or caregivers neglect.  This is typically proven by caseworkers, school faculty, family or anyone else who observes the child regularly.

                        2.                  Failure to Supply Adequate Food, Clothing or Shelter: 

Requires proof that the child were deprived of food, shelther or clothing, despite the parent(s) or caregivers financial ability to do so.  No harm need be proven; it is assumed that it is not safe to deprive children of these most basic necessities.

                        3.                  Failure to Supply Adequate Education: 

Failing to provide adequate education includes not sending the child to school or not cooperating with the school in regards to planning for the child.  Proof must be provided that the parent(s)’s conduct resulted in impairment or imminent danger of harm to the child’s physical, mental or emotional condition, including impact on the child’s education, Home schooling is acceptable if it meets the Education Law requirements.  Truancy for a teenager poses other issues, that may provide a legitimate excuse for the parent(s).

4. Failure to Provide Adequate Health Care:

A showing that a parent failed to provide medical, dental or surgical care, although financially able to do so, can lead to a finding of neglect.  When it is obvious or should be obvious that a child needs medical attention, parent(s) should make efforts to obtain assistance from the appropriate medical provider.  Failure to get or maintain immunization , to get psychiatric/psychological or services for a special needs child are also included. 

                        5.         Misuse of Drugs or Alcohol: 

                        A parent failing to exercise a “minimum degree of care” in providing supervision or guardianshiop by misusing drugs or alcohol to the point they lose self-control may be subjected to a neglect finding.  The misuse must “substantially impair” a caretaker’s ability to function.  However, there is a caveat that a person who is voluntarily and regularly participating in a recognized rehabilitation program is not a “prima facie” case for neglect, there must be proof that the child’s physical, mental or emotional condition has been or is in imminent danger of being impaired.  Mere possession of drugs is not necessarily proof of misuse but if those drugs are within the child’s reach, may support a finding of neglect.  Use of drugs during pregnancy is not typically enough, but evidence of use by the presence of drugs in the newborn’s system is.

                        6.                  Abandonment: 

                         Leaving a child or failing to communicate with the child or agency where the child is being provided care or is in fostercare for a period of at least six months may result in a neglect finding.

                        7.          Mental Illness: 

                         A parent’s mental illness coupled with a showing of actual or potential harm to a child may support a finding of neglect.  Failure to accept treatment may also support such a finding.   An expert would need to provide the proof of mental illness.

                  8.                The “Catchall” Provision:

                          Includes a parent’s failure to exercise a “minimum degree of care” in providing proper supervision        or guardianship by committing “any other act of a similarly serious nature that is similar to the inflicting or allowing the infliction of harm or the risk of harm” which requires assistance of the court.   This provision is the one that can cause the most confusion when there are good intended parents who are candidly oblivious of their neglect.  Cases indicate that this includes leaving a child unattended in the home, outside of the home,  in the care of someone else who is inappropriate to provide care, failing to provide contact information when leaving the child with a caretaker and related incidents.  Domestic violence falls under this provision, where even victims who allow continued abuse after a thorough analysis of the circumstances surrounding the continued abuse are  explored.

Awareness is the key to prevention.  Legislative measures, judicial intervention, social agencies and community based programs are all essential in providing awareness by disseminating information as well as addressing underlying social issues that often causes child abuse.   A focus on family often times minimizes instances of Article Ten cases being brought.  The depth to which we can all contribute is endless.

Feel free to contact my office to discuss your child abuse or family law case.