In New York, parents are legally permitted to discipline their children using reasonable corporal punishment. However, when that punishment causes injury or creates a risk of harm, it may be considered abuse or neglect under the Family Court Act. In Matter of A.H. (J.H.), 2025 NY Slip Op 50317(U), the court considered whether a mother’s alleged physical discipline of her child crossed that legal line. The case arose after a report was made to child protective services regarding an incident that led to visible bruising on the child’s arm. The court conducted a detailed hearing to determine whether the conduct amounted to neglect.
Background Facts
The case began on February 9, 2024, when ACS filed a neglect petition against the respondent mother, J.H., regarding her child, A.H. A day earlier, the child’s father, who was not named as a respondent, filed a family offense petition based on allegations that the mother had used excessive corporal punishment. The court issued a temporary order of protection and ACS followed by filing a neglect petition. ACS alleged that on February 1, 2024, the mother hit the child on his right arm, causing a bruise. The child reportedly asked for an ice pack at school on February 6 and showed the bruise to a school nurse. ACS sent a child protective specialist (CPS) to investigate.