NEW YORK
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
Citation: Soc. Serv. Law § 413
The following persons and officials are required to report:
• Physicians, physician assistants, surgeons, medical examiners, coroners, dentists, dental hygienists, osteopaths, optometrists, chiropractors, podiatrists, residents, interns, psychologists, registered nurses, social workers, or emergency medical technicians
• Licensed creative arts therapists, marriage and family therapists, mental health counselors, or psychoanalysts
• Hospital personnel or Christian Science practitioners
• School officials, including, but not limited to, teachers, guidance counselors, school psychologists, school social workers,
school nurses, or administrators
• Full- or part-time compensated school employees required to hold temporary coaching licenses or professional coaching
certificates
• Social services workers, daycare center workers, providers of family or group family daycare, or any other child care or foster
care worker
• Employees of publicly-funded emergency shelters for families with children
• Directors of children’s overnight camps, summer day camps, or traveling summer day camps
• Employees or volunteers in residential care facilities for children that are licensed, certified, or operated by the Office of
Children and Family Services
• Mental health professionals, substance abuse counselors, alcoholism counselors, or all persons credentialed by the Office of
Alcoholism and Substance Abuse Services
• Employees of health home-care agencies or home- and community-based services who are expected to have regular and
substantial contact with children
• Peace officers, police officers, district attorneys or assistant district attorneys, investigators employed in the office of a district attorney, or other law enforcement officials
Other persons required to report
Citation: Soc. Serv. Law § 414
Any other person who has reasonable cause to suspect that a child is abused or maltreated may report.
Institutional responsibility to report
Citation: Soc. Serv. Law § 413
Whenever a person is required to report in his or her capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, he or she shall make the report as required and immediately notify the person in charge of such institution, school, facility, or agency, or his or her designated agent. The person in charge, or the designated agent of such person, shall be responsible for all subsequent administration necessitated by the report. Any report shall include the name, title, and contact information for every staff person of the institution who is believed to have direct knowledge of the allegations in the report. Nothing in this section or title is intended to require more than one report from any such institution, school, or agency.
A medical or other public or private institution, school, facility, or agency shall not take any retaliatory personnel action against an
employee because such employee believes that he or she has reasonable cause to suspect that a child is an abused or maltreated child and that employee therefore makes a report in accordance with this title. No school, school official, child care provider, foster care provider, residential care facility provider, hospital, medical institution provider, or mental health facility provider shall impose any conditions, including prior approval or prior notification, upon a member of their staff specifically required to report under this title.
WHAT ARE THEY REQUIRED TO REPORT
Citation: Soc. Serv. Law § 413
A report is required when the reporter has reasonable cause to suspect that either of the following is true:
• A child coming before him or her in his or her professional or official capacity is an abused or maltreated child.
• The parent, guardian, custodian, or other person legally responsible for the child comes before the reporter and states from personal knowledge facts, conditions, or circumstances that, if correct, would render the child an abused or maltreated child.
PENALTIES FOR FAILING TO REPORT
Citation: Soc. Serv. Law § 420
Any mandatory reporter who willfully fails to report as required shall be guilty of a class A misdemeanor.
Any mandatory reporter who knowingly and willfully fails to report as required shall be civilly liable for the damages proximately
caused by such failure.
PENALTIES FOR FALSE REPORTING
Citation: Penal Law § 240.50(4)
A person is guilty of falsely reporting an incident in the third degree when, knowing the information reported, conveyed, or circulated to be false or baseless, he or she reports, by word or action, an alleged occurrence or condition of child abuse or maltreatment that did not in fact occur or exist to the following:
• The statewide central register of child abuse and maltreatment
• Any person required to report cases of suspected child abuse or maltreatment, knowing that the person is required to report such cases, and with the intent that such an alleged occurrence be reported to the statewide central register
Falsely reporting an incident in the third degree is a class A misdemeanor.
PRIVILEGED COMMUNICATIONS
Citation: Soc. Serv. Law § 415
Notwithstanding the privileges set forth in article 45 of the civil practice law and rules, and any other provision of law to the contrary, mandated reporters who make a report that initiates an investigation of an allegation of child abuse or maltreatment are required to comply with all requests for records made by a child protective services agency relating to the report.
REPORTER’S IDENTITY
Inclusion of Reporter’s Name in Report
Citation: Soc. Serv. Law § 415
The report shall include the name and contact information for the reporter.
Disclosure of Reporter Identity
Citation: Soc. Serv. Law § 422-a
Any disclosure of information shall not identify the source of the report.