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Identifying Child Abuse and Neglect: The Neglected Child in Residential Care

The provisions of the law extend as well to children who live in group residential care facilities under the jurisdiction of the Office of Children and Family Services; State Division for Youth; State Office of Mental Health; State Office of Mental Retardation and Developmental Disabilities; and State Education Department, where these children may be subjected to neglect by a "custodian," who is defined as a director, operator, employee, volunteer of the institution, or employee or volunteer of an entity contracted to provide services to a residential care facility who has regular and substantial contact with children in residential care. The definition of neglect in residential care is similar to the definition of neglect in a family setting, but also includes acts such as:

  • inflicting and injury or subjecting to the risk of injury, excluding minor injury, by other than accidental means, where such injury or risk of injury was reasonably foreseeable; or
  • inflicting an injury or subjecting to the risk of injury, excluding minor injury, by other than accidental means, as a result of a failure to implement an agreed upon plan of prevention and remediation; or 
  • intentionally administering any prescription or non-prescription drug other than in substantial compliance with a prescription or order of a licensed health care practitioner.

A neglected child can also be an individual with a handicapping condition who is eighteen years of age or older, who is defined as a neglected child in residential care, and who is in residential care in the New York State School for the Blind (Batavia, New York); the New York State School for the Deaf (Rome, New York); a private school that has been approved by the commissioner of education for special education services or programs; a special act school district; or a state-supported institution for the instruction of the deaf or the blind that has a residential component.

 

Exam

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