Child Custody

What Qualifies As Child Neglect In New York?

Last updated on December 29, 2022

Under the New York family law, child neglect is defined as the failure of a parent or guardian to provide the needed care and supervision that can compromise a child’s safety, health, and overall well-being. Child neglect is considered a serious offense in New York. Before you make any decisions, it is important to speak with a seasoned NYC family law attorney.

If your former partner or state agency is accusing you of child neglect, you need to know what to expect. Below is an overview to help you understand child neglect under New York State law.

What Is Child Neglect in New York

If you are not familiar with family laws in New York, you might not be sure of what qualifies as child neglect. Parents who have been accused of child neglect fail to provide the basic needs, including food, medical care, clothing, and shelter. In addition, if a parent fails to supervise their children to the degree that their wellbeing, health, and safety are threatened with harm, this would also be considered child neglect.

The New York Family Court Statute, Section 1012, states that a neglected child is a child below 18 years whose condition has been affected by a parent or caretaker failing to exercise the required degree of care. This implies that a parent has allowed the child to suffer physical or emotional harm by a lack of proper supervision, abuse of drugs or alcohol, or excessive corporal punishment.

Because of the complex nature of court proceedings involving child neglect, it is best to understand your rights, the law, and the potential legal implications by consulting your child neglect attorney before things get complicated.

Examples of child neglect in New York include:

  • Failure to support a child or children’s academic needs either by not following up on their educational requirements or keeping them home from school for unjustifiable reasons.
  • Failure to provide basic needs like shelter, food, clothing, and medical care.
  • Excessive use of drugs to the point where a parent or caretaker cannot adequately care for the child.
  • Failure to protect the child from domestic violence, including spousal abuse.
  • Unreasonable use of corporal punishment that results in physical or emotional harm.
  • Possessing or distributing drugs in the presence of a child.
  • Leaving a child under the care of someone who cannot properly supervise and protect them.
  • Giving drugs to a child.
  • Subjecting the child to humiliation, criticism, or verbal terror.

Contact a New York Child Neglect Lawyer

If you are being accused of child neglect for any of these reasons, it is crucial to contact an experienced child neglect lawyer who understands New York’s family laws. At New York Family Law Group, we have a team of family law attorneys to represent you in and out of court to ensure your child’s rights are fully protected. Contact us online to schedule a consultation with our attorneys, Ethan Steward and Martin Mohr.



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