Anyone who suspects that a child is being abused or neglected can call the New York State Hotline (the State Central Register) and report his or her concerns at any time. In addition, some individuals are required by New York State Law to report suspicions of abuse and neglect that come to their attention while in their professional roles. These individuals are known as Mandated Reporters.
If you are a
mandated reporter, you are required by New York State law to call
the Hotline if you have a
reasonable suspicion
that child abuse or neglect may have occurred. Remember, you do not have to be certain to make the call. It is not your responsibility to investigate suspected abuse and neglect. It is your responsibility to report it to the Hotline, which is also called the State Central Register. The Hotline takes calls 24 hours/day 365 days/year. Mandated reporters have protections for reporting and liability for failing to report suspected abuse and neglect. The requirement to report does not apply to abuse that you become aware of in a non-professional capacity. You can of course, report any suspected abuse and neglect. Am I a mandated Reporter?
New York State
identifies individuals who work in the following areas as mandated
reporters. _ Surgeon _ Dentist _ Dental hygienist _ Chiropractor _ Podiatrist _ Medical examiner _ Coroner _ Osteopath _ Optometrist _ Resident _ Intern _ Registered nurse _ Registered physician’s assistant _ Emergency medical technician _ Psychologist _ Mental health professional _ Substance abuse counselor _ Alcoholism counselor _ Provider of Family or Group Family Day Care _ Day care center worker _ Peace officer _ District attorney or assistant district attorney _ Police officer _ Investigator employed in the Office of the District Attorney _ Any 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 facility for children _ Any child care worker
_ Any other child
care or foster care worker Do I Have Immunity if I Make a Report?
If a mandated reporter makes a good faith report, he or she is immune from any criminal or civil liability that might result. However, this good faith immunity is not available where the liability results from willful misconduct or gross negligence by the mandated reporter.
What If I don’t report a suspicion?
Anyone who is mandated to report suspected child abuse or maltreatment- and fails to do so may be charged with a Class A misdemeanor and subject to criminal penalties. Further, mandated reporters can be sued in a civil court for monetary damages for any harm caused by the mandate reporter’s failure to make a report to the SCR.
Is my identity kept confidential?
CPS cannot release information about your identity to the subject of a report without your consent. Under certain circumstances, information about identity might be shared with court officials, police and district attorneys.
How Do I Know if My Suspicion is Reasonable? To assess whether your suspicion is reasonable, ask yourself the following questions:
If the answer is "yes" to any of these questions, you have formed a reasonable suspicion and should call the CPS Child Abuse Hotline.
Helping a family that is experiencing difficulty may prevent future abuse. What Information should I have on hand when I make a report? You will need to gather some information in order to make a report of abuse and/or neglect to the Hotline. However, it is not your role to investigate the situation. That is the responsibility of Child Protective Services. It is important that you gather the necessary information but not ask questions that may accidentally complicate the investigation. When you call the Hotline and CPS registers your call as a report, you are required by State Law to fill out and send in a special form called the OCFS – 2221A Report of Suspected Child Abuse and Maltreatment. The form will give you an idea of what types of information you will need to make a report. How to get a
copy of LDSS – 2221A Form
Any other information about the situation that you think CPS might find helpful Should I Tell the Family? You are not required by law to tell the family that you have made a report to the Hotline. In fact, CPS is mandated by law to protect your confidentiality after you make a report. Whether to tell a family or not can be a complicated decision. You may be concerned about the effect on your relationship with the family. Mandated reporters often worry about spoiling a trusting relationship they have worked to develop with a child or with a family. However, it is also critical to consider how your decision will affect the investigation. There may be a policy at your place of employment. It is important that you know all policies related to reporting of child abuse and neglect, before the situation arises. If you are unsure, speak with your supervisor. How do I find out what happened? Mandated reporters often ask how they can learn the outcome of their report. You will know if the report has been accepted and should ask for the Call I.D. assigned to the report. However, CPS is required to protect the privacy of the child and family. Therefore, they may not be able to share information about the outcome of the investigation or about their recommendations. What if CPS does not register my report? Your report may not be accepted because o there is not enough information for an investigation, o the concern does not satisfy the criteria for abuse and neglect, o the risk to a child is posed by someone other than a parent or guardian. If you do not have enough information, you can find out what is necessary for the report to be taken and call again. If you are unsure what you can do, contact local CPS at 995-5333 for consultation. If there is a concern about the child that does not meet criteria for abuse and neglect, it is critical to help the family connect with local services that can assist them. If you are unsure about what services are available, speak with your supervisor. If the risk to the child is by someone other than a parent or guardian, the report can be referred to local law enforcement. This is known as a law enforcement Referral (LER) . You can contact the District Attorney’s Office at 995-3414 office to be certain the referral has been made.
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