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Ken Hammond, USDA
The New York State Office of Children and Family Services (NYS-OCFS) (NYS-OCFS, 2011), reporting on two separate studies, a National Incidence Study conducted during the 1980s, and a 1999 University of Rochester study, found that professionals only reported about half of all maltreatment incidents that they knew about. Some of the reasons for not reporting were:
- Confusion or misunderstanding about reporting laws and procedures;
- Lack of knowledge or awareness of warning signs/clues.
- Lack of clarity about abuse/neglect as defined in State Law; and
- Influence of professional beliefs, values and experiences.
Mandated reporters of child abuse are identified in New York State Social Service Law, Article 6, Title 6, Section 413 as:
- All persons credentialed by the NYS Office of Alcoholism and Substance Abuse Services
- Alcoholism counselor
- Child care or foster care workers
- Chiropractor
- Christian Science practitioner
- Coroner
- Day care center worker
- Dentist
- Dental hygienist
- District attorney or assistant district attorney
- Director of children’s overnight camp, summer day camp or traveling summer day camp
- Emergency medical technician
- Employee or volunteer in a residential care facility
for children
- Hospital personnel engaged in the admission, examination,
care or treatment of persons
- Intern
- Investigator employed in the Office of the District
Attorney
- Law enforcement officials
- Licensed creative arts therapist
- Licensed marriage and family therapist
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- Licensed mental health counselor
- Licensed psychoanalyst
- Medical examiner
- Mental health professional
- Optometrist
- Osteopath
- Peace officer
- Physician
- Podiatrist
- Provider of family or group family day care
- Police officer
- Psychologist
- Registered nurse
- Registered physician assistant
- Resident
- School-age child care worker
- School official, including (but not limited to): school teachers, guidance counselors, school psychologists, school social workers, school nurses, school administrators, or other school personnel required to hold a teaching or other administrative license or certificate)
- Social services worker
- Social Worker
- Substance abuse counselor
- Surgeon
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The above professionals are required to report when they
have reasonable cause to suspect that a child has been abused
or maltreated/neglected.
Because the laws of the state change based on the needs of
its residents, the New York State legislature may include
additional professionals over time. Please contact the New
York State Education Department, Office of the Professions
to check if your profession is included as a mandated reporter
of child abuse, maltreatment/neglect.
Penalties for Failure
to Report
Failure to report child abuse
or maltreatment/neglect on the part of mandated reporters
is addressed in New York State Social Service Law,
Section 420:
- Any
person, official or institution required by law
to report a case of suspected child abuse or maltreatment/neglect
who willfully fails to do so shall be guilty of
a Class A misdemeanor;
- Any
person, official or institution required by this
title to report a case of suspected child abuse
or maltreatment/neglect who knowingly and willfully
fails to do so shall be civilly liable for the damages
proximately caused by such failure.
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Protection from Retaliatory
Personnel Action
Section 413 of the Social Services
Law specifies that no medical or other public or private
institution, school, facility or agency shall take
any retaliatory personnel action against an employee
who made a report of child abuse or maltreatment to
the State Central Register (SCR). Furthermore, no
school, school official, child care provider, foster
care provider, or mental health facility provider
shall impose any conditions, including prior approval
or prior notification, upon a member of their staff
mandated to report suspected child abuse or maltreatment.
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Immunity From Liability
Mandated reporters are provided
immunity from liability under New York State Social
Service Law, Section 419:
Any person, official or institution
participating in good faith in making of a report,
the taking of photographs, or the removal or keeping
of a child they suspect may be abused or maltreated/neglected,
shall have immunity from any liability, civil or criminal,
that might result from such actions. For the purpose
of any proceeding, civil or criminal, the good faith
of any such person, official or institution required
to report cases of child abuse or maltreatment/neglect
shall be presumed, provided such person, official
or institution was acting in the discharge of their
duties and within the scope of their employment, and
that such liability did not result from the willful
misconduct or gross negligence of such person, official
or institution
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