Child Abuse and Maltreatment - Resulting in Court Cases
Child Abuse/Maltreatment-Resulting in Court Cases[view
data]
Data Provider:NYS Office of Court Administration
Life
Area: Family
Definition:
In New York State, Child Protective Services (CPS), within the local Department of Social Services [in New York City, the Administration for Children’s Services (ACS) provides child protective services], is the authorized entity that investigates reports of child abuse and maltreatment, protects children (under 18 years old) from further abuse or maltreatment, and provides rehabilitative services to children, parents and other involved family members. If there is some credible evidence that the report of child abuse or maltreatment is true, the report is considered indicated.
In those situations where, in order to protect the child, CPS finds it necessary to remove the child from the home, or CPS finds that families are not complying with the rehabilitative services deemed necessary to maintain a child safely at home, the law instructs CPS to seek the authority of the court to sanction the removal of the child or to mandate the services.These proceedings are initiated by filing a petition in Family Court charging neglect or abuse.
The rate of children in indicated reports of child abuse and maltreatment that result in petitions to Family Court is determined by dividing the number of unique children in indicated reports with petitions filed in Family Court in a given year by the total number of unique children in indicated reports of child abuse and maltreatment in that year.
Significance:
Filing a petition with Family Court is usually an indication of the severity of the maltreatment, or the perceived risk of continued or future maltreatment to a child. Once Family Court becomes involved in a case of child maltreatment, the judge (there is no jury in Family Court) becomes the primary decision-maker and finder of fact, and is responsible for monitoring the process that will return the child to a safe and nurturing home. If reunification is not possible, the court oversees the permanency planning process that will enable the child to be placed in a safe, nurturing home through adoption, guardianship, or custodianship, as expeditiously as possible.
The Court orders individualized services to prevent placement, or to reunify families if the child has been placed in foster care. Court orders include services for parents (e.g., substance abuse treatment, parent education, counseling, homemaker-services) and services for children (e.g., referrals to the state Early Intervention Program, special education, routine and specialized medical care, mental health and substance abuse services) to ameliorate the effects of the neglect or abuse. Court orders also specify the frequency of visits between children in foster care and their birth parents and siblings, and insure that the child's medical and educational needs are being met.
The relationship between the number of children in indicated reports and the number of abuse or neglect petitions filed is an indication of the level of protection the state provides to its children and families both through its department of social services and through its courts. It also shows how the flow of cases in one, influences the flow of cases in the other. Differences in these rates may point to differing needs and areas of risk to children among the different counties.
Findings:
In 2004, nearly eighteen thousand indicated cases* of child abuse and maltreatment, out of almost sixty-four thousand indicated cases (or 28%), resulted in a petition filing in New York State.
In 2004, one out of four (25%) indicated cases of child abuse and maltreatment in New York City resulted in a neglect or abuse filing; while in counties outside of New York City (Rest of State), 30 percent of indicated cases resulted in a filing.
In 2004, the range of filings for children in indicated reports of abuse and maltreatment was anywhere from 9.3 percent to 71.9 percent, with a median rate of 27.1 percent for Rest of State counties.
*Indicated cases refer to unique children in indicated reports of child abuse and maltreatment.
KWIC
Indicator(s) and Narrative For: