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When Must a Mandated Reporter Report?
Mandated reporters are to report suspected child abuse or maltreatment immediately, by telephone, at any time of day, seven days a week, to the New York State Central Register of Child Abuse and Maltreatment (SCR):
1.800.635.1522.
A written report must be filed within 48 hours of this call. (See Written Report, below)
To Whom Does a Mandated Reporter Report?
Telephone reports should be made to the New York State Central Register of Child Abuse and Maltreatment (SCR):
1.800.635.1522.
The written report, on form DSS-2221 (A Report of Suspected Child Abuse or Maltreatment) should be signed by the reporter and filed with the local child protective services unit (CPS) within 48 hours of the telephone report. The form can be downloaded from the following Web site: http://www.ocfs.state.ny.us/main/forms/cps/LDSS-2221a.pdf.
It can also be obtained from the local child protective services unit. Should the situation you are reporting on involve child(ren) from out of state or away from his or her home (in foster care or residential care), the report should be sent to the New York State Child Abuse and Maltreatment Register, 40 North Pearl Street, Albany, NY 12243.
Information about how to contact the New York City, Nassau and Suffolk County's Child Protective Service Units can be found under "Additional Resources."
Reporters may find it useful to keep notes for themselves, highlighting details such as dates, times, places, names, etc.
Reporters should remember that for the purposes of reporting suspected child abuse and maltreatment, the definition of who can be the "subject of the report" means any parent, guardian, custodian, or other person 18 years of age or older who is legally responsible for a child reported to the SCR and who is allegedly responsible for causing—or allowing the infliction of—injury, abuse, or maltreatment to such child.
"Subject of the report" may also mean an operator of or employee or volunteer in a home operated or supervised by an authorized agency, the Division for Youth, an office of the Department of Mental Hygiene, or a family day care home, day care center, group family day-care home, or a day-services program, who is allegedly responsible for causing—or allowing the infliction of—injury, abuse, or maltreatment to such child.
Should the abuse or maltreatment be caused by individuals other than the above highlighted persons (such as neighbors or strangers), then law enforcement authorities should be contacted.
What Should Be Included in a Telephone Report?
Mandated reporters should report the following as part of the telephone report:
- Names and addresses of the child and his/her parents or other person responsible for his/her care
- The child's age, gender, and race
- The nature and extent of the child's injuries, abuse or maltreatment, including any evidence of prior injuries, abuse, or maltreatment to the child or his/her siblings
- Name of the person(s) responsible for causing the injury, abuse, or maltreatment
- Family composition
- The source of the report
- Information regarding yourself as the reporter, including how you can be reached
- Actions taken by the reporting source, including the taking of photographs or X-rays, removal or keeping of the child, or notifying the medical examiner or coroner
- Any additional information that may be helpful.
Please note: The lack of complete information should not prohibit a person from reporting.
What Should Be Included in a Written Report?
The written report, on form DSS-2221 (A Report of Suspected Child Abuse or Maltreatment) can be downloaded from the following Web site: http://www.ocfs.state.ny.us/main/forms/cps/LDSS-2221a.pdf. It can also be obtained from the local child protective services unit.
Information to include in the report is identical to that which was given in the telephone report. The reporter should write as clearly and objectively as possible. These are admissible as evidence in judicial proceedings. Accurate completion of the form is vital.
What Happens Next?
When allegations contained in the phone call from a reporter can reasonably constitute a report of child abuse or maltreatment, such allegations are immediately transmitted by the New York State Department of Social Services to the appropriate local child protective service unit for investigation. If the Department records indicate a previous report concerning a "subject of the report," other persons named in the report, or other pertinent information, the appropriate agency or local child protective service must be immediately notified of this fact.
Here you can find a flow chart depicting what may happen following a report to SCR in the New York State Child Protective Services System.
Can Mandated Reporters Inquire about the Report?
A mandated reporter can receive, upon request, the findings of an investigation made pursuant to his/her report. This request can be made to the SCR at the time of making the report, or to the local CPS at any time thereafter. However, no information can be released unless the reporter's identity is confirmed.
If the request is made prior to the completion of the investigation of the report, the information released will be limited to whether the report is "indicated" (substantiated), "unfounded," or "under investigation," whichever the case may be.
If the request is made after the completion of the investigation, the information released will be limited to whether a report is "indicated," or, if the report has been expunged, that there is "no record of such report," whichever the case may be. (Records are expunged for lack of credible evidence of alleged abuse or maltreatment after an investigation, or ten years after the 18th birthday of the youngest child named in the report.)
What Else Can or Should Mandated Reporters Do?
Mandated reporters may take, or cause to be taken, at public expense, color photographs of the area of trauma on the child. Suggested guidelines for the photography of trauma.
Mandated reporters can also ask that X-Rays be taken if medically indicated.
These photos or X-Rays must accompany the DSS-2221-A, or be sent as soon as possible after its submission, appropriately identified with the child's name, the date, and the name of the person who took them.
When Can a Child Be Taken Into Protective Custody?
A child may be taken into protective custody, without court order or parental consent, if:
- the child is in such circumstances or condition that continuing to stay in his/her residence or in the care and custody of the parent or person legally responsible for the child's care, presents an imminent danger to the child's life or health; and
- there is not enough time to apply for an order of temporary removal from the Family Court.
Persons legally authorized to place the child into protective custody include:
- peace officers
- police officers
- law enforcement officials
- agents of a duly incorporated society for the prevention of cruelty to children
- designated employees of a city or county department of social services
- persons in charge of a hospital or similar institution.
These authorized persons are to take the following actions:
- s/he must bring the child immediately to a place designated by the rules of the Family Court for this purpose, unless the person is a physician treating the child and the child is or will be presently admitted to a hospital.
- s/he must provide the parent or the person legally responsible with written notice, coincident with removal (Family Court Act 1024(b)(iii)).
- s/he must immediately inform the court and make a report of suspected child abuse or maltreatment pursuant to Title 6 of the Social Services Law, as soon as possible (FCA, Sec. 1024(b)).
- s/he must immediately notify the appropriate local child protective service, which shall commence a child protective proceeding in the Family Court at the next regular weekday session of the appropriate Family Court or recommend that the child be returned to his/her parents or guardian. In neglect cases, pursuant to Section 1026 of the Family Court Act, the authorized person or entity (usually CPS) may return a child prior to a child protective proceeding if it concludes there is no imminent risk to the child's health.
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 - 516.877.4392
f - 516.877.3266
e - scheer@adelphi.edu
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