2012 New York Consolidated Laws
SOS - Social Services
Article 6 - CHILDREN
Title 6 - (411 - 428) CHILD PROTECTIVE SERVICES
415 - Reporting procedure.


NY Soc Serv L § 415 (2012) What's This?
 
    * §  415.  Reporting  procedure.  Reports  of suspected child abuse or
  maltreatment made pursuant to this title shall be  made  immediately  by
  telephone  or  by  telephone facsimile machine on a form supplied by the
  commissioner of the office of children and family services. Oral reports
  shall be followed by a report in writing within forty-eight hours  after
  such  oral  report.  Oral reports shall be made to the statewide central
  register of child abuse and maltreatment unless  the  appropriate  local
  plan  for  the provision of child protective services provides that oral
  reports should be made to the local child protective service.  In  those
  localities  in  which oral reports are made initially to the local child
  protective service, the child protective service shall immediately  make
  an  oral or electronic report to the statewide central register. Written
  reports shall be made to the appropriate local child protective  service
  except  that  written reports involving children in residential care, as
  defined in subdivision four of section four  hundred  twelve-a  of  this
  title,  or  being  cared  for  in  a  home  operated or supervised by an
  authorized agency, office of children and family services, or an  office
  of  the  department  of  mental  hygiene, shall be made to the statewide
  central register of child abuse and maltreatment  which  shall  transmit
  the  reports  to the agency responsible for investigating the report, in
  accordance with paragraph (a) or (c) of subdivision  eleven  of  section
  four  hundred  twenty-two  or section four hundred twenty-four-b of this
  title, as  applicable.  Written  reports  shall  be  made  in  a  manner
  prescribed  and  on  forms supplied by the commissioner of the office of
  children  and  family  services  and   shall   include   the   following
  information: the names and addresses of the child and his or her parents
  or  other  person responsible for his or her care, if known, and, as the
  case may be, the name and address of the residential  care  facility  or
  program  in  which  the  child resides or is receiving care; the child's
  age, sex and race; the nature and extent of the child's injuries,  abuse
  or  maltreatment,  including  any  evidence  of prior injuries, abuse or
  maltreatment to the child or, as the case may be, his or  her  siblings;
  the  name of the person or persons alleged to be responsible for causing
  the injury, abuse or maltreatment, if known; family  composition,  where
  appropriate;  the source of the report; the person making the report and
  where he or she can be reached;  the  actions  taken  by  the  reporting
  source,  including  the  taking  of  photographs  and x-rays, removal or
  keeping of the child or notifying the medical examiner or  coroner;  and
  any  other  information which the commissioner of the office of children
  and family services may, by regulation, require, or  the  person  making
  the report believes might be helpful, in the furtherance of the purposes
  of  this  title.  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. Written reports from persons  or
  officials  required  by  this  title  to  report  shall be admissible in
  evidence in any proceedings relating to child abuse or maltreatment.
    * NB Effective until June 30, 2013
    * § 415. Reporting procedure. Reports  of  suspected  child  abuse  or
  maltreatment  made  pursuant  to this title shall be made immediately by

  telephone or by telephone facsimile machine on a form  supplied  by  the
  commissioner of the office of children and family services. Oral reports
  shall  be followed by a report in writing within forty-eight hours after
  such  oral  report.  Oral reports shall be made to the statewide central
  register of child abuse and maltreatment unless  the  appropriate  local
  plan  for  the provision of child protective services provides that oral
  reports should be made to the local child protective service.  In  those
  localities  in  which oral reports are made initially to the local child
  protective service, the child protective service shall immediately  make
  an  oral or electronic report to the statewide central register. Written
  reports shall be made to the appropriate local child protective  service
  except that written reports involving children being cared for in a home
  operated or supervised by an authorized agency or the office of children
  and  family  services shall be made to the statewide central register of
  child abuse and maltreatment which shall transmit  the  reports  to  the
  agency  responsible  for  investigating  the  report, in accordance with
  section four hundred twenty-four-b of this title. Written reports  shall
  be made in a manner prescribed and on forms supplied by the commissioner
  of  the  office  of  children  and family services and shall include the
  following information: the names and addresses of the child and  his  or
  her  parents  or other person responsible for his or her care, if known,
  and, as the case may be, the name and address of the  program  in  which
  the  child  is receiving care; the child's age, sex and race; the nature
  and extent of the child's injuries, abuse or maltreatment, including any
  evidence of prior injuries, abuse or maltreatment to the  child  or,  as
  the  case may be, his or her siblings; the name of the person or persons
  alleged to be responsible for causing the injury, abuse or maltreatment,
  if known; family composition,  where  appropriate;  the  source  of  the
  report; the person making the report and where he or she can be reached;
  the  actions  taken  by  the  reporting  source, including the taking of
  photographs and x-rays, removal or keeping of the child or notifying the
  medical examiner  or  coroner;  and  any  other  information  which  the
  commissioner  of  the  office  of  children  and family services may, by
  regulation, require, or the person making the report believes  might  be
  helpful,   in   the   furtherance   of   the  purposes  of  this  title.
  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. Written reports from persons  or
  officials  required  by  this  title  to  report  shall be admissible in
  evidence in any proceedings relating to child abuse or maltreatment.
    * NB Effective June 30, 2013

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