Section 413. Persons and officials required to report cases of suspected child abuse or maltreatment  


Latest version.
  • 1.  (a) The following persons and officials
      are required to report or cause a report to be made in  accordance  with
      this  title  when  they  have  reasonable  cause to suspect that a child
      coming before them in their professional  or  official  capacity  is  an
      abused  or  maltreated  child,  or  when  they  have reasonable cause to
      suspect that a child is an abused or maltreated child where the  parent,
      guardian,  custodian  or other person legally responsible for such child
      comes before them in their professional or official capacity and  states
      from  personal  knowledge  facts,  conditions or circumstances which, if
      correct, would render the child  an  abused  or  maltreated  child:  any
      physician;  registered  physician  assistant; surgeon; medical examiner;
      coroner;   dentist;   dental    hygienist;    osteopath;    optometrist;
      chiropractor;  podiatrist;  resident;  intern;  psychologist; registered
      nurse; social worker; emergency medical  technician;  licensed  creative
      arts  therapist; licensed marriage and family therapist; licensed mental
      health counselor; licensed psychoanalyst; hospital personnel engaged  in
      the  admission,  examination,  care or treatment of persons; a Christian
      Science practitioner; school official, which includes but is not limited
      to school  teacher,  school  guidance  counselor,  school  psychologist,
      school social worker, school nurse, school administrator or other school
      personnel  required  to  hold  a  teaching  or administrative license or
      certificate; social services worker; day care center worker;  school-age
      child care worker; provider of family or group family day care; employee
      or  volunteer in a residential care facility defined in subdivision four
      of section four hundred twelve-a of this title or any other  child  care
      or  foster  care  worker;  mental  health  professional; substance abuse
      counselor; alcoholism counselor; all persons credentialed by the  office
      of  alcoholism  and  substance  abuse  services;  peace  officer; police
      officer; district attorney or assistant district attorney;  investigator
      employed  in the office of a district attorney; or other law enforcement
      official.
        (b) Whenever such person is required to report under this title 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 by this title and immediately notify the person
      in charge of such institution, school, facility or agency, or his or her
      designated agent. Such 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.
        (c) A medical or other public or private institution, school, facility
      or agency shall not take any retaliatory personnel action, as such  term
      is  defined in paragraph (e) of subdivision one of section seven hundred
      forty of the labor  law,  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. At the time of the making of a report, or at
      any time thereafter, such person or official may exercise the  right  to
      request,  pursuant  to paragraph (A) of subdivision four of section four
    
      hundred twenty-two of this title, the findings of an investigation  made
      pursuant to this title or section 45.07 of the mental hygiene law.
        (d)  Social  services workers are required to report or cause a report
      to be made in accordance with this title when they have reasonable cause
      to suspect that a child is an abused or maltreated child where a  person
      comes  before them in their professional or official capacity and states
      from personal knowledge facts, conditions  or  circumstances  which,  if
      correct, would render the child an abused or maltreated child.
        2.  Any  person,  institution, school, facility, agency, organization,
      partnership or corporation which  employs  persons  mandated  to  report
      suspected   incidents   of  child  abuse  or  maltreatment  pursuant  to
      subdivision one of this section shall provide  consistent  with  section
      four  hundred  twenty-one  of  this  chapter,  all  such current and new
      employees with written information explaining the reporting requirements
      set out in subdivision one of this section and in sections four  hundred
      fifteen  through  four hundred twenty of this title. The employers shall
      be responsible for the costs associated with printing  and  distributing
      the written information.
        3.  Any  state or local governmental agency or authorized agency which
      issues a license, certificate or permit to an individual  to  operate  a
      family  day  care  home or group family day care home shall provide each
      person currently holding or  seeking  such  a  license,  certificate  or
      permit  with  written  information explaining the reporting requirements
      set out in subdivision one of this section and in sections four  hundred
      fifteen through four hundred twenty of this title.
        4.  Any  person,  institution, school, facility, agency, organization,
      partnership or corporation, which employs persons who  are  mandated  to
      report  suspected  incidents  of child abuse or maltreatment pursuant to
      subdivision one of this section  and  whose  employees,  in  the  normal
      course  of  their employment, travel to locations where children reside,
      shall provide, consistent with section four hundred twenty-one  of  this
      title,   all   such  current  and  new  employees  with  information  on
      recognizing  the  signs  of  an  unlawful  methamphetamine   laboratory.
      Pursuant  to  section  19.27  of  the  mental hygiene law, the office of
      alcoholism and substance abuse services shall  make  available  to  such
      employers   information   on   recognizing   the   signs   of   unlawful
      methamphetamine laboratories.