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Who are Mandated Reporters?
The following persons are considered mandated child abuse reporters in New York State:
- Physician
- Surgeon
- Intern
- Registered Nurse
- Hospital Treatment Provider
- Psychiatrist
- Resident Psychologist
- Mental Health Professional
- Chiropractor
- Dentist
- Dental Hygienist
- Optometrist
- Podiatrist
- Osteopath
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- District Attorney
- Assistant District Attorney
- Coroner
- Medical Examiner
- Law Enforcement Investigator
- Police Officer
- Peace Officer
- Social Worker
- School Official
- Child Care Worker
- Day Care Worker
- Day Care Provider
- Foster Care Worker
- Residential Care Worker/ Volunteer
- Christian Science Practitioner
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When Must a Mandated Reporter Report?
Mandated reporters must report child abuse:
- when they have a reasonable cause to suspect that a child whom the reporter sees in his/her professional or official capacity is abused or maltreated; or
- when a mandated reporter has reasonable cause to suspect that a child is abused or maltreated where the parent or person legally responsible for such child comes before them in his/her professional or official capacity and states from personal knowledge, facts, conditions, or circumstances which, if correct, would render the child abused or maltreated; or
- whenever a mandated reporter suspects child abuse or maltreatment while acting in his/her professional capacity as a staff member of a medical or other public or private institution, school, facility, or agency, he or she shall immediately notify the person in charge of that school, facility, institution or his/her designated agent, who will then (also) become responsible for reporting or causing a child abuse report to be made to the county Child Protective Services Agency.
What is Reasonable Cause to Suspect?
A person can have "reasonable cause" to suspect that a child is abused or maltreated if, considering what physical evidence s/he observes or is told about, and from his/her own training and experience, it is POSSIBLE that the injury or condition was caused by neglect or by nonaccidental means. The reporter need not be absolutely certain that the injury or condition was caused by neglect or by nonaccidental means; the reporter should only BE ABLE TO ENTERTAIN THE POSSIBILITY THAT IT COULD HAVE BEEN NEGLECT OR NONACCIDENTAL in order to possess the necessary "reasonable cause."
What is Meant by Suspicion?
Certainty is not required. To be suspicious, it is enough for the mandated reporter to distrust or doubt what s/he personally observes or is told. In child abuse cases, many factors can and should be considered in the formation of that doubt or distrust. Physical and behavioral indicators may also be helpful in forming a reasonable basis of suspicion. While these are not diagnostic criteria of child abuse or maltreatment, they illustrate patterns that may be recorded in the written report when relevant.
What Happens if a Mandated Reporter Fails to Report?
Any mandated reporter who willfully fails to report may be guilty of a Class A misdemeanor, and/or may be civilly liable for the damages caused by such failure.
In New York State, it is important to remember that Child Protective Services cannot act until child abuse/maltreatment is identified and reported. No service can be offered to the family nor can processes to protect the child begin until a report is made.
To encourage prompt and complete reporting of suspected child abuse and maltreatment, the Social Services Law, Section 419, affords the reporter certain legal protections from liability. Mandated reporters who make good faith efforts to report, take photographs, and/or take protective custody of children suspected of having been abused and/or maltreated, have immunity from any liability, civil, or criminal, that might result from such actions. They are presumed to have done so in good faith as long as they were acting in the discharge of their official duties and within the scope of their employment and so long as their actions did not result from willful misconduct or gross negligence.
Confidentiality to the reporter can be assured. The Commissioner of Social Services and the local child protective service units are not permitted to release any identifying data of the person who made the report to the subject of a report, unless the reporter has given written permission for the central register or the local child protective services unit to do so.
Adapted from: The identification and reporting of child abuse and maltreatment: New York State Syllabus. (2001).
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Contact
For additional information, please contact:
Marlene Scheer
Continuing Education Coordinator
Social Work Building, Rm 231
p - 516.877.4343
f - 516.877.4392
e - scheer@adelphi.edu
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