Relates to the definition of "abused child"

2 Co-sponsors

• Rich Funke
• Kathleen A. Marchione

BILL NUMBER:S3122A

Purpose

Update the definition of child abuse under the Social Services Law so that it may be more fully integrated with various portions of the New York State Penal Code.

Summary of provisions

Section 1 of the bill amends the definition of the term "abused child" in the social services law.

Section 2 of the bills amends the definition of "abused child" in the family court law.

Section 3 of the bill is the effective date.

Justification

Awareness of the epidemic of child abuse has come a long way since section Section 371 was enacted in 1971. The most recent literature estimates that child maltreatment costs the country a total lifetime economic burden resulting from new cases of fatal and nonfatal treatment of $124 billion using 2008 figures.

Currently, section 371 of the social services law defines the threshold injury needed to reach actual child abuse. The threshold is extremely high and includes physical abuse by other than accidental means which causes disfigurement, or protracted impairment of physical or emotional health or protracted loss or impairment of the function or any bodily organ.

The current Social Services Law definition for child abuse is not fully synchronized or integrated with certain sections of the Penal Law. For example, under section 120.05(9) of the Penal Law, it is a felony if an adult with the intention to cause physical injury to a child under age 7 actually causes such an injury to the child. The standard under the Penal Law does not meet the permanent impairment of health under the Social Services definition of child abuse. The standard in the Social Services Law must change to comport with the standards in the Penal Law.

Legislative history

S.6327/A.8383 (2013-14); Referred to Children & Families

Fiscal implications

None.

Effective date

This act shall take effect immediately.