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0% found this document useful (0 votes)
28 views4 pages

OCFS-Pub1159

Uploaded by

minjai553
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Summary Guide for

Mandated Reporters
in New York State

This material provides mandated reporters with an overview of their obligations and some basic information about the New York
State Child Protective Services system.
Who Are Mandated Reporters?
New York State recognizes that certain professionals are specially equipped to perform the important role of mandated reporter
of child abuse or maltreatment. Those professionals include:
✶ Physician ✶ Resident ✶ Social services worker ✶ Employees of a health home, or health
✶ Registered physician's ✶ Intern ✶ Employee of a publicly funded home care management agency
assistant ✶ Psychologist emergency shelter for families contracting with a health home, who are
with children expected to have regular and substantial
✶ Surgeon ✶ Registered nurse contact with children
✶ Medical examiner ✶ Social worker ✶ Director of a
✶ Coroner ✶ Emergency medical technician - children's overnight camp, ✶ Employees who provide home and
✶ Dentist ✶ Christian science practitioner - summer day camp or community-based services under a
- traveling summer day camp Social Security Act §1115 demonstration
✶ Dental hygienist ✶ School official, including (but not ✶ Day care center worker project, who are expected to have
limited to): regular and substantial contact with
✶ Osteopath ✶ School-age child care worker children
- teacher
✶ Optometrist - guidance counselor ✶ Provider of family or group ✶ Peace officer
✶ Chiropractor - psychologist family day care ✶ Police officer
✶ Podiatrist - social worker ✶ Employee or volunteer ✶ District attorney or
✶ Licensed creative arts - nurse in a residential care facility assistant district attorney
therapist - administrator or other school for children
personnel required to hold a
✶ Licensed marriage and ✶ Any other child care or foster ✶ Investigator employed in the office of the
teaching or administrative
family therapist license or certificate care worker district attorney
✶ Licensed mental health Mental health professional ✶ Athletic trainer (effective 12/2025)
- full- or part-time compensated

counselor ✶ Licensed behavior analysts
school employee required to
✶ Licensed psychoanalyst hold a temporary coaching ✶ Alcoholism counselor ✶ Any other law enforcement official
✶ Certified behavior analyst license or professional coaching ✶ All persons credentialed by the
assistants certificate NYS Office of Alcoholism
and Substance Abuse Services

The entire current list can be found in Article 6, Title 6, and section 413 of the New York Social Services Law. The website can be accessed
online through the New York State Legislature's website (http://public.leginfo.state.ny.us/menuf.cgi). Click on Laws of New York to access
Social Services Law.

When Am I Mandated to Report? What Is a Professional Role?


Mandated reporters are required to report suspected child The individuals listed above are operating in their professional
abuse or maltreatment when they are presented with a role and are therefore legally mandated to report suspected
reasonable cause to suspect child abuse or maltreatment in child abuse or maltreatment whenever they are practicing their
a situation where a child, parent, or other person legally profession. For example, a doctor who is examining a child in
responsible for the child is before the mandated reporter their practice and has a reasonable suspicion that the child is
when the mandated reporter is acting in their official or experiencing abuse MUST report their concern. In contrast, a
professional capacity. “Other person legally responsible” doctor who witnesses child abuse when riding their bike while
refers to a guardian, caretaker, or other person 18 years of off-duty is not legally mandated to report that abuse but may
age or older who is responsible for the care of the child. choose to report. The mandated reporter’s legal responsibility
to report suspected child abuse or maltreatment ceases when
Mandated reporters who are social services workers have
the mandated reporter stops practicing their profession.
expanded reporting requirements. Social services workers
are required to report when, in their official or professional Reasonable Cause to Suspect
role, they are presented with a reasonable cause to suspect
child abuse or maltreatment where any person is before the Reasonable cause to suspect child abuse or maltreatment
mandated reporter and the mandated reporter is acting in means that, based on your factual observations, professional
their official or professional capacity. training and experience, you have a suspicion that a parent or
other person legally responsible for a child is responsible for
It is important to remember that if you are not legally harming that child or placing that child in imminent danger of
mandated to report a family, you can still help support a harm. Your suspicion can be as simple as distrusting an
family by referring them to community-based resources and explanation for an injury.
services.
Summary Guide for
Mandated Reporters
in New York State

What Is Abuse and Maltreatment? How Do I Recognize Child Abuse and


Abuse: Maltreatment?
Abuse encompasses the most serious injuries and/or risk of The list that follows contains some common indicators of
serious injuries to children by their caregivers. An abused child abuse or maltreatment. This list is not all-inclusive, and some
is one whose parent or other person legally responsible for their abused or maltreated children may not show any of these
care inflicts serious physical injury upon the child, creates a symptoms.
substantial risk of serious physical injury, or commits a sex
offense against the child. Abuse also includes situations where
Indicators of Physical Abuse Can Include:
a parent or other person legally responsible knowingly allows
someone else to inflict such harm on a child. ✶ Injuries to the eyes or both sides of the head or body
(accidental injuries typically only affect one side of the
Maltreatment (Includes Neglect): body).
✶ Frequent injuries of any kind (bruises, cuts, and/or burns),
Maltreatment means that a child’s physical, mental, or
especially if the child is unable to provide an adequate
emotional condition has been impaired, or placed in imminent
explanation of the cause. These may appear in distinctive
danger of impairment, by the failure of the child's parent or
other person legally responsible to exercise a minimum degree patterns, such as grab marks, human bite marks, cigarette
of care by: burns, or impressions of other instruments.
✶ Destructive, aggressive, or disruptive behavior.
✶ failing to provide sufficient food, clothing, shelter, or ✶ Passive, withdrawn, or emotionless behavior.
education; or
✶ Fear of going home or fear of parent(s) or other persons
✶ failing to provide proper supervision, guardianship, or legally responsible for their care.
medical care (refers to all medical issues, including
dental, optometric, or surgical care); or
Indicators of Sexual Abuse Can Include:
✶ inflicting excessive corporal punishment, abandoning
the child, or misusing alcohol or other drugs to the extent ✶ Symptoms of sexually transmitted diseases.
that the child was placed in imminent danger. ✶ Injury to genital area.
Poverty or other financial inability to provide the above is not ✶ Difficulty and/or pain when sitting or walking.
maltreatment. In situations not involving maltreatment or ✶ Sexually suggestive, inappropriate, or promiscuous
abuse, mandated reporters are encouraged to refer families to behavior or verbalization.
community-based resources and services instead of calling the ✶ Expressing age-inappropriate knowledge of sexual
Statewide Central Register of Child Abuse and Maltreatment relations.
(SCR). The New York State Office of Children and Family ✶ Sexual victimization of other children.
Services (OCFS) HEARS Family Line (Help, Empower,
Advocate, Reassure, and Support), 1-888-55HEARS, is a Indicators of Maltreatment Can Include:
useful means to guide families to obtain support.
✶ Obvious malnourishment, listlessness, or fatigue.
Note: The definitions of abuse and maltreatment are different
for children in residential facilities operated or licensed by New ✶ Stealing or begging for food.
York State. ✶ Untreated need for glasses, dental care, or other medical
attention even with the means to do so.
✶ Frequent absence from or tardiness to school without
reasonable explanation.
✶ Child inappropriately left unattended or without supervision.
Summary Guide for
Mandated Reporters
in New York State

Where Do I Call to Make a Report? Local CPS Role and Responsibilities


As soon as you have reasonable cause to suspect abuse or When a report is registered at the SCR, the local department
maltreatment, you must report your concerns by telephone to of social services is immediately notified for investigation and
the New York Statewide Central Register of Child Abuse and follow-up. A local CPS caseworker will initiate an
Maltreatment (SCR). The SCR is open 24 hours a day, seven investigation within 24 hours.
days a week, to receive your call. The timeliness of your call
CPS intervention consists of an evaluation of the child and
is vital to the timeliness of intervention by the local
other children in the home and the development of a plan to
department of social services’ child protective services (CPS)
meet the needs of the child and family. If there is an
unit. You are not required to notify the parents or other
immediate threat to the child's life or health, CPS may remove
persons legally responsible either before or after your call to
the child from the home.
the SCR. In fact, in some cases, alerting the parent may
hinder the local CPS investigation and adversely affect its Upon request, CPS may obtain from the mandated reporter
ability to assess the safety of the children. those records that are essential to a full investigation of
alleged child abuse and maltreatment for any report made by
The telephone numbers to report abuse or maltreatment by a
the mandated reporter. The mandated reporter must
parent, foster parent, day care provider, or other person(s)
determine which records are essential to the full investigation
legally responsible:
and provide those records to CPS when requested to do so.
Mandated Reporter (800) 635-1522 Within 60 days of initiating the investigation, CPS will
Public Hotline (800) 342-3720 determine whether the report is indicated or unfounded.
Mandated reporters may ask to be informed of the outcome
For Abuse by Institutional Staff: of the report.
1-855-373-2122
Oral reports to the SCR from a mandated reporter must be Law Enforcement Referrals
followed within 48 hours by a written report to the local If a call to the SCR provides information about an immediate
department of social services’ CPS unit on form LDSS- threat to a child or a crime committed against a child, but the
2221A. A copy of this form and the local mailing address can perpetrator is not a parent or other person legally responsible
be obtained by contacting your local department of social for the child, the SCR staff will make a Law Enforcement
services, or by visiting the OCFS website at
Referral (LER). The relevant information will be recorded and
https://ocfs.ny.gov/main/. Scroll down to the bottom of the
transmitted to the New York State Police Information
page and click on “Forms,” then click “Sort by number," enter
Network or to the New York City Special Victims Liaison Unit.
the form number in the box, and click “Enter” on your
keyboard. You can also search for the form by language. This is not a CPS report, and local CPS will not be involved.

To contact your local department of social services, visit What Protection or Liability Do I Have?
https://ocfs.ny.gov/main/localdss.asp
Source Confidentiality:
What Happens When I Call the SCR? The Social Services Law provides confidentiality for
mandated reporters and all sources of child abuse and
There may be times when you have very little information on
maltreatment reports. OCFS and local CPS units are not
which to base your suspicion of abuse or maltreatment, but
permitted to release to the subject of the report any data that
this should not prevent you from calling the SCR if you
believe you have reasonable cause. A trained specialist at would identify the source of a report unless the source has
the SCR will help to determine if the information you are given written permission for them to do so. Information
providing can be registered as a report. regarding the source of the report may be shared with court
officials, police, and district attorneys, but only in certain
The LDSS-2221A form, Report of Suspected Child Abuse or circumstances.
Maltreatment, can be used to help you organize the
identifying or demographic information you have at your Immunity From Liability:
disposal. Be sure to ask the SCR specialist for the "Call I.D.”
assigned to the report you have made. If a mandated reporter makes a report with earnest concern
for the welfare of a child, they are immune from any criminal
If the SCR staff does not register the child abuse or
or civil liability that might result. This is referred to as making
maltreatment report, the reason for their decision should be
a report in “good faith.”
clearly explained to you. You may also request to speak to a
supervisor, who can help make determinations in difficult or
unusual cases.
Summary Guide for
Mandated Reporters
in New York State

Protection From Retaliatory Personnel Action Conclusion


Section 413 of the Social Services Law specifies that no Protecting children and preventing child abuse and
medical or other public or private institution, school, facility, or maltreatment does not begin or end with reporting. Efforts to
agency shall take any retaliatory personnel action against an prevent child abuse and maltreatment can only be effective
employee who made a report to the SCR. Furthermore, no when mandated reporters and other concerned citizens work
school, school official, child care provider, foster care provider, together to improve the safety net in their communities.
or mental health facility provider shall impose any conditions,
In situations where child abuse or neglect is not evident, but a
including prior approval or prior notification, upon a member of
family is in need of help, you can keep children safe and
their staff mandated to report suspected child abuse or
strengthen families by referring them to community-based
maltreatment.
resources and services. You may call the OCFS HEARS
Penalties for Failure to Report Family Line (Help, Empower, Advocate, Reassure, and
Support) at 1-888-55HEARS to connect families with services.
Anyone who is mandated to report suspected child abuse or
maltreatment — and fails to do so — could be charged with a To be most effective, your local CPS unit needs strong
Class A misdemeanor and subject to criminal penalties. partnerships within your community. By getting to know the
Further, mandated reporters can be sued in a civil court for staff in your local CPS unit, you will gain a better understanding
monetary damages for any harm caused by the mandated of how your local program is structured, and CPS will better
reporter's failure to make a report to the SCR. understand how to work more effectively with you.
Who Provides Training for Mandated Reporters? By working together, we can better protect our vulnerable
The New York State Education Department (SED) Office of children.
the Professions oversees the training requirements for New York State Office of Children and Family Services
mandated reporters. Some categories — including teachers, Capital View Office Park, 52 Washington Street
many medical professionals, and social workers — need this Rensselaer, New York 12144
training as part of their licensing requirement. The training may
be included in their formal education program.
To report child abuse and neglect, call: 1-800-342-3720
The New York State Office of Children and Family Services
For information on the Abandoned Infant Protection Act,
(OCFS) is proud to be a certified provider authorized by SED call: 1-866-505-SAFE (7233)
to offer mandated reporter training and has developed a
comprehensive curriculum. OCFS HEARS Family Line
(Help, Empower, Advocate, Reassure, and Support)
OCFS offers a free self-directed online Mandated Reporter 1-888-55HEARS (1-888-554-3277)
Training in Child Abuse and Neglect/Maltreatment Identification. Monday-Friday 8:30 a.m. - 4:30 p.m.
The training covers a wide range of topics including, but not Mandated Reporters Hotline for making child abuse and
limited to, understanding and identifying adverse childhood maltreatment reports 24 hours a day, 7 days a week: 1-800-
experiences (ACEs), identifying implicit bias in the decision- 635-1522
making process, and identifying abuse/neglect in virtual settings. The New York State Justice Center for the Protection of
This three-hour web-based online training course is available in People with Special Needs for making reports of
English and Spanish 24/7 and is accessible at institutional abuse 24 hours a day, 7 days a week: 1-855-
https://www.nysmandatedreporter.org/. There is no cost to the 373-2122
participant. To print additional copies of this pamphlet, visit our website
at https://ocfs.ny.gov and search for this pamphlet under
Special Note: Mandated reporters who require licensure or “Publications.”
certification through the New York State Department of https://facebook.com/nysocfs
Education (NYSED) are required to take mandated reporter
training from a trainer who has been approved by NYSED. For https://mobile.twitter.com/nysocfs
more information, please go to https://www.op.nysed.gov. https://mobile.twitter.com/nysocfs_espanol

Pub-1159 (Rev. 04/2024)

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