Summary Guide for MANDATED REPORTERS in New York State

(En Español) Certain professionals are required by law to report suspected child abuse or maltreatment to the New York State Central Register (SCR) of Child Abuse and Maltreatment. The law also assigns civil and criminal liability to those professionals who do not comply with their mandated reporter responsibilities. This booklet provides mandated reporters with an overview of their obligations and some basic information about the New York State Child Protective Services System (CPS). Frequently Asked Questions for Mandated Reporters

Links to important documents:

What is a mandated reporter?

New York State and the New York State Child Protective System recognize certain professionals as holding the important role of mandated reporter of child abuse or maltreatment. These professionals can be held liable by both the civil and criminal legal systems for intentionally failing to make a report. Professions include:

Social Worker



Licensed Creative Arts Therapist



Licensed Marriage and Family Therapist



Licensed Mental Health Counselor



Licensed Psychoanalyst



Physician



Surgeon



Dentist



Dental Hygienist



Chiropractor



Podiatrist



Medical Examiner



Coroner



Osteopath



Optometrist



Resident



Intern



Registered Nurse



Registered Physician’s Assistant



Psychologist



Mental Health Professional



Substance Abuse Counselor



Alcoholism Counselor



Peace Officer



District Attorney, or Assistant District Attorney



Police Officer



Investigator employed in the Office of the District Attorney or other law enforcement official



School Official



Social Services Worker



Christian Science Practitioner



Hospital personnel engaged in the admission, examination, care or treatment of persons



Any employee or volunteer in a residential care program for youth, or any other child care or foster care worker



Day Care Center Worker



Provider of Family or Group Family Day Care



Emergency Medical Technicians (EMTs)

Please be aware that there may have been changes to this list since this Web page was last updated. The current list is at Section 413 of the New York State Social Services Law.

Mandated reporters are required to report instances of suspected child abuse or maltreatment only when they are presented with reasonable cause to suspect child abuse or maltreatment in their professional roles.

A signed, written report (LDSS-2221A Report of Suspected Child Abuse or Maltreatment - Microsoft Word LDSS 2221A) must be filed by mandated reporters within 48 hours of an oral report. You should submit written reports to the local department of social services (LDSS) that has been assigned the investigation. You may request the address of this district from the child protective specialist at the time you make the oral report to the State Central Register of Child Abuse and Maltreatment.

What is HIPAA and does it affect or limit my responsibility as a mandated reporter of suspected child abuse or maltreatment?

HIPAA stands for the Health Insurance Portability and Accountability Act of 1996. The privacy provisions contained in this regulation do not affect the responsibilities of mandated reporters, as they are defined in the New York State Social Services Law.

Information concerning the provisions of HIPAA may be found at www.hhs.gov/ocr/hipaa.

What happens after I make a report?

The Child Protective Service (CPS) unit of the local department of social services is required to begin an investigation of each report within 24 hours. The investigation should include an evaluation of the safety of the child named in the report and any other children in the home, and a determination of the risk to the children if they continue to remain in the home.

CPS may take a child into protective custody if it is necessary for the protection from further abuse or maltreatment. Based upon an assessment of the circumstances, CPS may offer the family appropriate services. The CPS caseworker has the obligation and authority to petition the Family Court to mandate services when they are necessary for the care and protection of a child.

CPS has 60 days after receiving the report to determine whether the report is "indicated" or "unfounded". The law requires CPS to provide written notice to the parents or other subjects of the report concerning the rights accorded to them by the New York State Social Services Law. The CPS investigator will also inform the SCR of the determination of the investigation.

What does the language that amends SSL §415 regarding mandated reporters and the provision of records mean?

Chapter 3 provides that:

Notwithstanding the privileges set forth in article forty-five of the civil practice law and rules, and any other provision of law to the contrary, mandated reporters who make a report which 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 service relating to such report, including records relating to diagnosis, prognosis or treatment, and clinical records, of any patient or client that are essential for a full investigation of allegations of child abuse or maltreatment pursuant to this title; provided, however, that disclosure of substance abuse treatment records shall be made pursuant to the standards and procedures for disclosure of such records delineated in federal law.

This language is not intended to be an expansion of a mandated reporters current obligations under the existing language of SSL §415. Under current law, if a mandated reporter has reasonable cause to suspect that a child coming before him or her in his or her professional/official capacity is an abused or maltreated child, he or she must immediately report such suspicion to the Statewide Central Register of Child Abuse and Maltreatment. SSL §§413, 415.

Since the passage of the federal HIPAA, confusion has arisen regarding the obligation of a mandated reporter to provide copies of written records that underlie the report. The intent of the amendment is to make clear that the mandated reporters obligation also extends to the provision of the records necessary to investigate the report, as has always been the case.

Regarding the requirement that mandated reporters provide records needed for a CPS investigation irrespective of HIPAA constraints: Does this only apply when the records are controlled by the mandated reporter who is the source of the report, or any mandated reporter that has had contact with the subject family?

The amendment to SSL §415 only applies to the records of the mandated reporter who was the source of the report of suspected child abuse or maltreatment. However, for a mandated reporter employed by an institution, this requirement applies to all of the records of the institution that pertain to the report regardless of who actually made the report. Additionally, the records that CPS requests should be limited only to information that directly pertains to the report itself.

Who decides what information pertaining to the report is "essential for a full investigation" and therefore must be provided to CPS: the mandated reporter or CPS?

In the first instance, the mandated reporter to whom the request is directed makes the determination of what information is essential. If CPS believes that the mandated reporter has additional essential information pertaining to the report, CPS should ask the mandated reporter for the additional records and attempt to come to agreement regarding any additional records. If CPS and the mandated reporter cannot come to agreement and CPS disagrees with the mandated reporter's rationale for why the records are not relevant to the report, CPS may seek a court order pursuant to Civil Practice Law and Rules (CPLR) Article 31 and SSL §415 directing the mandated reporter to produce the essential information.

Do the amendments to SSL §415 apply where a mandated reporter (e.g. mental health therapist or domestic violence service provider) makes the report based on information disclosed by a parent who is not alleged to be the subject and the mandated reporter only has additional information concerning such allegedly non-offending parent?

Where the reporter has no other records or other additional information pertaining to the allegations contained in the report other than the portion of the records relating to the information disclosed by the parent not alleged to be the subject, the amendments to Section 415 of the SSL would not apply. Nothing in the amendments suggests that the reporter provide information about, for example, the mental health services being received by the non-subject parent, unless that information is determined by the reporter to be essential in supporting the information contained in the report.

Must the mandated reporter receive written consent from the parent(s) in order to provide CPS with the additional essential information?

The statutory amendments do not require written consent and are intended to promote CPS getting the needed supplemental information that supports the initial report. However, good practice would dictate seeking the consent, or notifying the parent(s) that such essential information is being (and is required to be) shared, unless the child's health or safety would be put at risk by notifying the parent(s). If the parent does not consent, however, the mandated reporter must still provide the information.

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