Child Abuse and Maltreatment/Neglect: Identification and Reporting
New York State Mandatory Training

The Abandoned Infant Protection Act


Who Are the Mandated Reporters?

Abuse and Maltreatment/Neglect Have Many Presentations

The Disturbing Statistics

Legal Definitions Related to Child Maltreatment

Recognizing Child Abuse

Case Studies: Indentifying Abuse

Risk Factors Contributing to Child Abuse and Maltreatment

Protective Factors for Child Abuse and Maltreatment

The Consequences of Child Abuse

Perpetrators of Child Abuse

Talking with Children

Reporting Child Abuse and Maltreatment

Reasonable Cause/When to Report

How to Report

What Happens After a Report is Made




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Ken Hammond, USDA

Like many states in the US, New York State passed a law to help stop people from abandoning newborns in unsafe and dangerous places. Every year newborns are abandoned in public places by their parents, who have no plan or ability to care for them.

The Abandoned Infant Protection Act (AIPA) created an affirmative defense to the criminal charges of Abandonment of a Child and Endangering the Welfare of a Child, when the following conditions are met:

  1. The abandoned infant can be no more than 5 days old.
  2. The person abandoning the infant must have intended the child be safe and well cared for. They cannot have intended the child any harm.
  3. The infant must be left with an appropriate or suitable location. Should the infant be left in a suitable location, and appropriate person must be notified immediately of the child's location so the child can be taken into custody and cared for.

A "suitable location" has been identified by district attorneys in New York State as being:

  • Hospitals
  • Police stations
  • Fire stations
  • As long as they are open and staff is present.

An "appropriate person" has been identified as:

  • Employees of the suitable location that are trained to deal with emergency situations.
  • At a hospital, a doctor, nurse or emergency room personnel would be suitable. Any on-duty police officer at a police station or fire-persons or emergency medical technicians (EMTs) at a fire station would also be appropriate.

The Abandoned Infant Protection Act and Mandated Reporters

While the AIPA offers protection for parents who safely abandon their infants is they meet criteria previously mentioned, AIPA in no way changes the responsibilities of the mandated reporter. Mandated reporter must still report abandonment if s/he learns of the abandonment. Whether or not all of the information is known, the mandated reporter is still obligated to fulfill their responsibilities as a mandated reporter. For example, if the mandated reporter is unsure of the name of the person who abandoned the child, the reporter must still make the report.

The Abandoned Infant Protect Act and Social Services Law/Family Court Act

The AIPA does not change the laws pertaining to child abuse and maltreatment under current New York State legal requirements. Persons who abandon infants under AIPA will still be indicated as subjects of child maltreatment reports and may still have petitions for child neglect brought against them in family court.

Mandated reporters who have any questions about the Abandoned Infant Protection Act should contact the AIPA Informational Hotline operated by the New York State Office of Children and Family Services (OCFS) at 1-866-505-SAFE, or the OCFA Public Information Office at 518-473-7793.

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