Child Abuse
Child abuse encompasses serious harm committed against children or a child who is abused by a parent or other legally responsible individual when they inflict upon the child serious physical injury. Other examples of child abuse are when someone creates a risk of serious physical injury or they commit an act of sexual abuse against a child. If one parent or an individual who is responsible for a child allows another parent to inflict child abuse on the child, the other parent or individual responsible for taking care of the child is also guilty of child abuse. The specific definition of child abuse can be found in section 412 of the New York Social Services Law. In addition there is a definition of child abuse under section 1012 of the New York Family Court Act.
Child Maltreatment
Child maltreatment refers to the quality of supervision, control and care a child receives from those individuals who are responsible for the health and general welfare of the child. Child maltreatment occurs when a legally responsible individual for a child harms a child, places a child in potential danger, or fails to exercise a minimum degree of care in providing the child with: food, shelter, medical care, education, clothing, and other necessaries when they are financially capable of providing this level of care. Maltreatment of child can also involve abandoning a child. Failing to provide adequate supervision can also be considered child maltreatment. Parents or other individuals responsible for taking care of a child who use an excessive amounts of drugs also are engaging in failure to properly supervise a child.
Criminal Court or Family Court
Individuals involved with child maltreatment can be prosecuted in either the Criminal Court or the Family Court or in both courts. Individuals convicted of child maltreatment can lose their child and also lose their freedom. The best way to defend yourself if you are faced with a CPS or ACS investigation is to hire an experienced ACS or CPS defense lawyer. You should not try to represent yourself.
Elliot S. Schlissel, Esq. has been representing clients who have been investigated by CPS or ACS for more than 45 years. He can be reached at 800-344-6431 or emailed at elliot@sdnylaw.com.
