Procedures for Reporting Child Abuse and Neglect in NYS
- When: As a mandated reporter, you must report immediately when you have reasonable cause to suspect that a child who comes before you in your professional role is an abused or neglected child or when a parent or caretaker who comes before you in your professional role makes statements from his/her personal knowledge which, if correct, would render their child an abused or neglected child.
- How: Call the special unlisted telephone number to be used only by persons mandated by law to report suspected cases of child abuse or maltreatment:
1-800-635-1522
In schools, hospitals and clinics and other institutions, take your concern to the person, in your institution who is designated to contact the NYS Central Register. They make the phone call to the hotline. That person is the "reporter"; you are the "source of the report." Only one report is required.
If that person refuses to make the report, you must do so unless you received new information that legitimately removes your suspicion.
Reports from mandated reporters are required to be made in a manner prescribed and on forms supplied by the State Commissioner of Social Services. They must include the following information:
- Persons legally responsible for the child, if known;
- The name of the person or persons allegedly responsible for the abuse, if known;
- Address of the family;
Other Permissible Actions of Mandated Reporters
- May take or cause to be taken, photographs or X-rays must be attached to the written form.
- Only certain mandated reporters (law enforcement, hospital administrators, and CPS workers) may take the child into protective custody.
Examples of Reportable Situations
- A school principal calls the State Central Register (SCR the Hotline) and reports that a
10 year old pupil has told him repeatedly for several weeks that he does not get enough to eat at home. The child appears pale and eats excessively at the school lunch program.
- May brings her four-year-old daughter to the emergency room because of a vaginal discharge. The child is diagnosed to have gonorrhea.
- A five-year-old boy is continually brought to the school nurse for an advanced case of head lice.
- A 3-year-old is brought to the emergency room and is diagnosed to have second-degree immersion burns.
- A school counselor calls the SCR and states that a student has missed 34 out of a possible 95 days of school. The parents submitted an excuse for 10 of his absences. The school has attempted to contact the parents. The parents have not responded to the contacts.
- A neighbor calls the SCR and states that a three-year-old and four-year-old sit on the windowsill every day during warm weather. The family live in a fourth floor apartment without any screens
- A mother calls the SCR and reports that she is afraid her husband is going to harm her six-month-old baby. He has on more than one occasion violently shaken the baby when the baby doesn't stop crying.
- A neighbor calls the SCR and states that three young children, who live two trailers down, roam the trailer park all night long vandalizing neighbors' property.
- A 16-year-old boy routinely drinks alcohol in front of his mother. The aunt is concerned and calls the SCR.
Source. NYS Department of Social Services
From. "The Identification and Reporting of Child Abuse and Maltreatment: NYS Syllabus" The University of the State of
New York The NYS Education Department, Albany N.Y.
After the Oral Report is made
You will receive from Child Protective Services, form DSS 2221-A. This form must be completed and returned within 48 hours to the Child Protective Services in the County which will handle the case. Generally, that is the county in which the family resides. If the child and the suspected perpetrator (person who abused the child) live in different counties, the written report is sent to the county where the perpetrator resides. If photos or X-rays of the trauma were taken, enclose them with the report.
Legal Protection for Mandated Reports
Immunity: When a report is made in good faith, the reporter is immune from civil or criminal liability. Furthermore, Mandated Reporters' good faith is presumed.
Confidentiality: Child Protective Services is required to maintain confidentiality about the source of reports, i.e., they may not release identifying information about the source of the report (unless they have the reporter's written permission).
Consequences for Failure to Report
Criminal Sanction: It is Class A misdemeanor for a mandated reporter to willfully fail to report a case of suspected child abuse or maltreatment.
Civil Sanction: A mandated reporter who knowingly and willfully fails to make a report of suspected child abuse or maltreatment is civilly liable for damages caused by such failure.
Reporting Non-Familial Abuse
Non-Familial reports of suspected child abuse should be reported directly to the police. However, the NYS Central Registry is obligated to take your report and then make a law enforcement report if you request it.