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In , the court concluded that a parent must know that his or her teen is engaging in sexual activity in order to consider a charge of child abuse or neglect.16 In that case, an appellate court affirmed the lower court's dismissal of charges against the parents of a 13-year-old girl whose boyfriend was 23, because no evidence had been presented to suggest the parents knew of the sexual relationship. Additionally, recent guidance from OCFS further affirms that "no report will be registered by the Statewide Central Register where the caller fails to provide a reasonable cause to suspect that a parent was aware of sexual activity or should have reasonably been aware of the activity, absent other indications of child abuse or maltreatment."17 Situation #2: The parent or caregiver is aware of his or her teen's sexual activity. New York Penal Law broadly prohibits sexual activity with a minor under the age of seventeen, commonly known as "statutory rape," even when the activity is voluntary and even when the minor engages in sexual activity with a peer who is also under 17, because a person under 17 is deemed incapable of consent as a matter of law.18 Recent guidance from OCFS makes clear that a mandated reporter should make a case by case determination that considers not only the parent's awareness but also whether the parent or caregiver's response was appropriate under the circumstances. OCFS further clarifies two points: (a) the mere reoccurrence of the sexual activity "does not in and of itself," mean that the parent's response is inappropriate or that a report is required and (b) a parent's support of or involvement in the teen's accessing sexual or reproductive health care services may be a reasonable response, and therefore does not by itself give to a reasonable suspicion of child abuse or neglect. Situation #1: The parent is unaware of his or her child's sexual activity. Generally, there is no abuse or neglect if a parent or guardian is unaware of a teen's sexual activity. Y.3d 175 (2004) (dismissing claim for failure to report abuse of child by 14-year-old boy because boy was not a parent, caregiver, or person legally responsible for the child's welfare and therefore could not be the subject of the report pursuant to the law); 488 F. It was an out-of-the-blue gift from a freelancer I used to hire but haven’t spoken to in 15 years. But I care about manners, and I have the nagging feeling I didn’t do myself proud.
This is a change from previous law, which called for a medical staff member to first report to a designated agent for the agency or institution, who then was responsible for making the report.10 3. Act § 1012 at 314 (1999) ("‘Allowing' a child to be abused includes taking no appropriate protective (or preventive) action after being warned of the danger to a child").
We had a falling out a few years ago when he neglected to see me while I was home for a month visiting my grandfather as he passed away.