2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 6 - (411 - 428) CHILD PROTECTIVE SERVICES
413 - Persons and officials required to report cases of suspected child abuse or maltreatment.


NY Soc Serv L § 413 (2012) What's This?
 
    §  413.  Persons  and  officials required to report cases of suspected
  child  abuse  or  maltreatment.  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; director of a children's  overnight
  camp,  summer  day  camp or traveling summer day camp, as such camps are
  defined in section thirteen hundred ninety-two of the public health law;
  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.
    * NB Effective until June 30, 2013
    * (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;  director  of  a  children's  overnight camp, summer day camp or
  traveling summer day camp, as such camps are defined in section thirteen

  hundred ninety-two of the public health law;  day  care  center  worker;
  school-age  child  care  worker;  provider of family or group family day
  care; 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.
    * NB Effective June 30, 2013
    (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.
    * NB Effective until June 30, 2013
    * (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.
    * NB Effective June 30, 2013
    (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.

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