Nys dating laws


17-May-2020 22:52

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Therefore, health care, educational and other facilities should not impose policies requiring blanket reporting of all sexually active or pregnant teens to the Statewide Central Register because a determination of reasonable suspicion of child abuse should be made on a case by case basis depending on the specific circumstances of a situation. How does a health provider's duty of confidentiality affect the reporting obligation? Most health care providers are prohibited from disclosing information about a patient learned in their professional capacity without the patient's permission, unless otherwise required by law.25 Providers who disclose such information without patient authorization or other legal permission commit professional misconduct and can be sued, fined, and have their licenses revoked.26 However, as discussed above, one of the legal exceptions to this duty of confidentiality is the requirement to report information to the Statewide Central Register when that information is the basis for a reasonable suspicion of child abuse or neglect. A health care provider or other professional with confidentiality obligations who makes a child abuse report without reasonable suspicion of abuse or neglect commits professional misconduct. 1983) (finding a 19 year old brother with whom minor lived with was not a person legal responsible for her within the meaning of the statute noting that "the mere fact that two persons are residing in the same household at the relevant time does not create a presumption that the older is exercising any type of parental control over the younger"). This can subject such providers to professional sanctions for breaching patient confidentiality, in addition to potential liability for committing the crime of false reporting (see Question # 9, below). Should a mandatory reporter report teen sexual activity to law enforcement or the police as statutory rape without the patient's permission? Even though the minor may be the victim of a statutory sex offense, there is no blanket requirement that all crimes be reported to the police.27 Furthermore, a health care provider who reports a minor's sexual activity to the police without the patient's permission (or the parent's permission if the minor is unable to consent to the health service) has breached patient confidentiality, committed professional misconduct and made herself vulnerable to lawsuit by her patient and to professional licensing sanctions. 2 A caregiver commits if he or she: (1) inflicts or allows the infliction of a non-accidental, physical injury that causes substantial risk of serious physical or emotional harm; or (2) creates or allows the creation of substantial risk of non-accidental physical injury that is likely to cause serious physical or emotional harm; or (3) commits or allows to be committed a sexual offense against the minor. As described above, New York courts have held that most cases of voluntary teen sexual activity do not give rise to reasonable suspicion of child abuse or neglect. When a health provider does not have a reasonable suspicion of child abuse or neglect, there is no legal basis to breach a patient's confidentiality to file a report. New York courts that have considered the question of whether a parent's knowledge of a teen's sexual activity constitutes child abuse have found that it is not child abuse for a parent to know that a minor child is sexually active if they have responded appropriately under the circumstances.19 For example, in , a mother was charged with abuse and neglect because her daughter was sexually active with, and became pregnant at the age of 14 by, a 20-year-old boyfriend. The court dismissed the charges and concluded that Leslie's sexual activity and pregnancy did not support a child abuse finding against her mother.

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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.

New York laws about "statutory rape" and child abuse reporting are confusing.