New York child advocacy groups are making their cases for stronger penalties against abusers, but also for the expansion of survivor protections under a children’s bill of rights.
Penalties for child abuse are often lax if the abuser isn’t the main perpetrator in a physical abuse situation, but the awareness is improving, says Executive Director Shelley Hitzel of the Child Advocacy Center of Niagara.
“Unless you cause a serious physical injury that almost kills a child, everything else is slight misconduct," she said. "Over the past five years, I would say, we have seen an increasing willingness from the public to rally around speaking out against child abuse.”
Among the legislation being discussed at the state level is Noah’s Law, which is sponsored by Niagara County State Senator Rob Ortt. The proposed law seeks to increase penalties for torture and abuse of the vulnerable elderly, people with disabilities and children.
Another key proposal is the Children’s Bill of Rights, formerly called Erin’s Law. The bill originally focused on establishing a first-degree murder charge if a child dies from child abuse.
There also is a need for greater emphasis on neglect, like a lack of supplying proper food or clothes, as forms of abuse, Erin’s Angels Executive Director Sheila Dion said.
“I don't think people realize the minimum standard of care is so low … sleeping on a couch is okay because they're under a roof, whereas you can't do that with a foster kid," she said. "That's against the rules. And we're here to say those standards should be the same.”
Another important aspect of protecting children against abuse is being aware of how they are affected mentally, Dion said.
"You can't demean a kid and, you know, mess with their psyche and their mental health," she said. "That's equally as horrible as a physical bruise."
The Children’s Bill of Rights would also require that law enforcement go with Child Protective Services the third time being called to a residence, Dion said.
But cracking down on child abuse isn't just about harsher deterrents, since poverty is often a major contributor, Hitzel said.
"Poverty can be extremely detrimental for children, but poverty also significantly increases risk of maltreatment and neglect," she said. "We know that from a long-term standpoint, the impact that can have on their development, on their physical health, on their mental health, their likelihood of engaging in high-risk behavior, substance abuse, is drastically increased."
