Parents can get in trouble unknowingly with the U.S. laws on child abuse.

If you hurt or injure your child, you may be reported to law enforcement for child abuse. Once a child abuse report is made, the process can take weeks, months, or even years to end. You may have to go to court. The government can even take your children away from your home before you go to court. This brochure explains how you can discipline your child legally. You still have a lot of choices, with some limits. 

The laws are meant to protect the safety of children, even if the parents do not mean to hurt the children. To obey the law and protect your children from harm, learn about acceptable ways to discipline your children

Can I spank my child?

A 10-year-old boy stole some candy from the supermarket. His parents were upset because this was the third time he was caught stealing. His father yelled at him and hit him on the palms and legs repeatedly with a cane until there were swollen red marks. He said that the marks would remind him not to steal again.

Any spanking that leaves a mark or involves hitting your child with an object (like a cane, a coat hanger, or a belt) will be considered child abuse. Even though lightly spanking your child may be legal, the authorities may consider it child abuse, especially if there is a bruise or a mark on the child's body.

Some forms of traditional discipline do not include hitting the child, such as having the child hold one position for a long time. However, this discipline may be considered too painful for the child. Discipline that causes excessive pain to the child may be child abuse even if you do not hit the child.

Can I take away my child's privileges?

A 14-year-old girl comes home late again. Her parents are so frustrated that they don't let her online for a week so she will not do it again.

Taking away privileges is usually okay.  Even though parents can take away privileges, they must still make sure that the child develops physically and emotionally. Parents cannot punish their children by depriving them of basic necessities or by hurting their long-term emotional health.

Physical neglect is when a child suffers physically, mentally or emotionally because the parent did not provide enough food, clothing, shelter, education or medicine. Emotional abuse and neglect includes when a child is threatened, repeatedly yelled at, or made to feel fear to the extreme that it hurts the child's mental or emotional development.

Parents need to make sure that the child is reasonably happy, friendly, self-confident and not overly worried or scared. So you can take away privileges, but you cannot hurt the child's physical or emotional growth.

To whom do these laws apply?

Parents and others who care for the child have a duty to protect the child from the danger of excessive discipline.

If you know that someone else is disciplining your child in a way that might be child abuse, you must protect your child. You must do more than just try to stop the abuse. You must actually stop it. A parent might have to call the police if he or she cannot stop the abuse alone.

The authorities will also hold a parent responsible if they think that the parent "should have known" about the abuse. For example, if a spouse has abused the child before and might abuse the child again, then the parent will be expected to protect the child.

Other People Caring for a Child

Even if you are not a child's parent, these laws apply to you if you are taking care of a child like a parent would. This includes a person responsible for the child's care at the time of the abuse, or a person who is regularly in the child's house, such as a grandparent or babysitter.

In New York, certain people must report any suspected abuse or neglect according to the law. These people include doctors, teachers, day care providers, social services workers and police.

Where can I go for help or information?

What we have written so far is not meant to frighten you, but to help you understand the laws. You may need to learn new and safe ways to discipline your child

The following agencies have bilingual speakers. You can call them with questions or if the Administration for Children's Services (ACS) is investigating you.

Queens Child Guidance Center
(718) 899-9810
87-08 Justice Ave. Room C-7
Elmhurst, NY 11373

Elmhurst Hospital Center
(718) 334-1825
79-01 Broadway RM 6-16
Elmhurst, NY 11373

Nav Nirman Foundation, Inc.
(718) 478-4588
87-08 Justice Ave. Room LA
Elmhurst, NY 11373

How do I report child abuse?

If you suspect child abuse or neglect, call the NY State Child Abuse and Maltreatment Hotline 24 hours/7 days a week at (800) 342-3720. Language assistance is available, but you must be able to make initial request for an interpreter in English.

The New York State Child Protective Services will document all calls made to report child abuse or neglect, and, in some cases, they might have to report the case to the Police Department.

You can read more about reporting child abuse on the website for the Office of Children and Family Services (OCFS).


This resource was developed with funding from the Child Welfare Fund, Hedge Funds Care, and William T.Grant Foundation. Translated by Ambalika Misra.

Researched and written by Lydia Fan, Esq. Additional thanks to the National Coalition for Child Protection Reform and the firm of Davis, Polk & Wardwell for research assistance; to the individuals and the community-based organizations who reviewed the brochure; and to Jade Lee for design and layout.

The Coalition for Asian American Children and Families seeks to improve the quality of life for the New York City Asian American community by facilitating access to health and human services that are sensitive to all Asian American children and families.

JANUARY 2002

THE COALITION FOR ASIAN AMERICAN CHILDREN AND FAMILIES
120 WALL STREET, 3RD FLOOR
NEW YORK, NY 10005
Phone: 212.809.4675
Website: www.cacf.org
Fax: 212.344.5636
Email: cacf@cacf.org

Was this information helpful?

Last Reviewed: July 2, 2009