New York Consolidated Laws

N.Y. Social Services Law § 412 (2026)

General definitions

✓ current as of May 2026

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§ 412. General definitions. When used in this title and unless the
specific context indicates otherwise:
  1. An "abused child" means a child under eighteen years of age and who
is defined as an abused child by the family court act;
  2. A "maltreated child" includes a child under eighteen years of age:
  (a) defined as a neglected child by the family court act, or
  (b) who has had serious physical injury inflicted upon him or her by
other than accidental means;
  3. "Person legally responsible" for a child means a person legally
responsible as defined by the family court act;
  4. "Subject of the report" means any parent of, guardian of, or other
person eighteen years of age or older legally responsible for, as
defined in subdivision (g) of section one thousand twelve of the family
court act, a child reported to the statewide central register of child
abuse and maltreatment who is allegedly responsible for causing injury,
abuse or maltreatment to such child or who allegedly allows such injury,
abuse or maltreatment to be inflicted on such child; or a director or an
operator of, or employee or volunteer in, a home operated or supervised
by an authorized agency, the office of children and family services, or
in a family day-care home, a day-care center, a group family day care
home, a school-age child care program or a day-services program who is
allegedly responsible for causing injury, abuse or maltreatment to a
child who is reported to the statewide central register of child abuse
or maltreatment or who allegedly allows such injury, abuse or
maltreatment to be inflicted on such child;
  5. "Other persons named in the report" shall mean and be limited to
the following persons who are named in a report of child abuse or
maltreatment other than the subject of the report: the child who is
reported to the statewide central register of child abuse and
maltreatment; and such child's parent, guardian, or other person legally
responsible for the child who has not been named in the report as
allegedly responsible for causing injury, abuse or maltreatment to the
child or as allegedly allowing such injury, abuse or maltreatment to be
inflicted on such child;
  6. An "unfounded report" means any report made pursuant to this title
unless an investigation: (i) commenced on or before December
thirty-first, two thousand twenty-one determines that some credible
evidence of the alleged abuse or maltreatment exists; or (ii) commenced
on or after January first, two thousand twenty-two determines that a
fair preponderance of the evidence of the alleged abuse or maltreatment
exists;
  7. An "indicated report" means a report made pursuant to this title if
an investigation: (i) commenced on or before December thirty-first, two
thousand twenty-one determines that some credible evidence of the
alleged abuse or maltreatment exists; or (ii) commenced on or after
January first, two thousand twenty-two determines that a fair
preponderance of the evidence of the alleged abuse or maltreatment
exists;
  8. "Substance abuse counselor" or "alcoholism counselor" means any
person who has been issued a credential therefor by the office of
alcoholism and substance abuse services, pursuant to paragraphs one and
two of subdivision (d) of section 19.07 of the mental hygiene law.
  9. A "publicly-funded emergency shelter for families with children"
means any facility with overnight sleeping accommodations and that is
used to house recipients of temporary housing assistance and which
houses or may house children and families with children.

Notes of Decisions

Cited in 75 cases (11 in the last 5 years), 1986–2026 · leading case: Catherine G. v. Cnty. of Essex, 818 N.E.2d 1110 (NY 2004).

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Catherine G. v. Cnty. of Essex, 818 N.E.2d 1110 (NY 2004). · cites it 3× “, Social Services Law § 412 [3]). * In September 2000, petitioner raised the problem with school psychologist Dr.”

Matter of Natasha W. v. New York State Off. of Child. & Fam. Servs., 2016 NY Slip Op 8099 (N.Y. App. Div. 2016). · cites it 6× “Under New York's child protective scheme, a report of suspected child abuse or neglect will be marked "indicated" if the local agency determines after investigation that there is "some credible evidence of the alleged abuse or maltreatment" (Social Services Law § 412[7]). All…”

Matter of Natasha W. v. New York State Off. of Child. & Fam. Servs., 32 N.Y.3d 982 (NY 2018). · cites it 3× “On this record, it was rational for the Administrative Law Judge to have concluded that the child was placed in imminent risk of impairment, constituting maltreatment ( see Social Services Law § 412 [2] [a]; Family Ct Act § 1012 [f] [I] [B]; 18 NYCRR 432.”

Grant v. Cuomo, 130 A.D.2d 154 (N.Y. App. Div. 1987). · cites it 2× “The definitions of abuse and maltreatment in Social Services Law § 412 incorporate by reference the definitions of abuse and neglect found in section 1012 of the Family Court Act.”

Dolgas v. Wales, 2023 NY Slip Op 01830 (N.Y. App. Div. 2023). “That said, for purposes of Social Services Law § 413, an "abused child" is one who is [*5]abused by a "parent or other person legally responsible for [a child's] care" (Family Ct Act § 1012 [e]; see Social Services Law § 412 [1]).”

Sellnow v. Perales, 158 A.D.2d 846 (N.Y. App. Div. 1990). · cites it 3× “Following an investigation, it was determined that "some credible evidence of the alleged abuse or maltreatment exists” (Social Services Law § 412 [11]) and the report was classified as "indicated” (Social Services Law § 412 [11]).”

Hattie G. v. Monroe Cnty. Dep't of Soc. Servs., Child.'s Servs. Unit, 48 A.D.3d 1292 (N.Y. App. Div. 2008). “v Dowling, 217 AD2d 785, 786 [1995], affd 87 NY2d 1043 [1996]), and that such corporal punishment impaired or was in imminent danger of impairing her daughter’s physical, mental, or emotional condition (see *1294 Social Services Law § 412 [2] [a] [i]; Family Ct Act § 1012 [f]…”

Parker v. Carrión, 80 A.D.3d 458 (N.Y. App. Div. 2011). · cites it 2× “Unit, 48 AD3d 1292, 1293 [2008]), and that such corporal punishment impaired or was in imminent danger of impairing her daughter’s physical, mental, or emotional condition (see Social Services Law § 412 [2] [a] [i]; Family Ct Act § 1012 [f] [i]; Matter of Cheyenne F.”

Blythe v. Carrion, 63 A.D.3d 1059 (N.Y. App. Div. 2009). “to such child by other than accidental means” (Social Services Law § 412 [9] [b]) is supported by substantial evidence.”

Terry I. v. Barbara H., 69 A.D.3d 1146 (N.Y. App. Div. 2010). “As a result, the mother was indicated (see Social Services Law § 412 [7]) for lacerations, welts, bruises and inadequate guardianship.”

In re Evelyn X., 290 A.D.2d 817 (N.Y. App. Div. 2002). “Social Services Law § 412 (12) defines an “indicated report” as one “made pursuant to this title if an investigation determines that some credible evidence of the alleged abuse or maltreatment exists.”

Sullivan v. Port Wash. Union Free Sch. Dist., 2023 NY Slip Op 01022 (N.Y. App. Div. 2023). “However, the Supreme Court should have granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the third cause of action, alleging a violation of Social Services Law § 413. Since the janitor was not a "person legally responsible" for the…”

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