NY Child Abuse Identification and Reporting for HC Pros

Making a report to SCR Reasonable cause means that based on the social worker’s rational observations and professional training and experience, they suspect that the parent or other person legally responsible for the child is harming that child or placing that child in imminent danger of harm. New York State law provides protection and immunity from liability for the mandated reporter. The Social Services Law provides confidentiality for mandated reporters and all sources of child abuse and maltreatment reports. Information regarding the source of the report may be shared with court officials, police, and district attorneys, but only under certain conditions (New York State, Office of Children and Family Services, 2019; Office of Children and Family Services, Summary for Mandatory Reporters, 2019). If a mandated reporter makes a report in good faith, meaning the report is made with earnest concern for the welfare of the child, that reporter is immune from any criminal or civil liability. Additionally, 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 to the New York Statewide Central Register of Child Abuse and Maltreatment (SCR)” (New York State, Office of Children and Family Services, 2016b). Any mandated reporter who fails to report suspected child abuse or maltreatment could be charged with a Class A misdemeanor and be subject to criminal penalties. Additionally, mandated reporters can be sued in a civil court for monetary damages for any harm caused by the mandated reporter’s failure to make a report to the SCR (New York State, Office of Children and Family Services, 2019; Office of Children and Family Services, Summary for Mandatory Reporters, 2019). As soon as the mandated reporter suspects abuse or maltreatment, they must report concerns by telephone to the SCR, which is open 24 hours a day, 7 days a week. The mandated reporter is not required to notify the parents or other persons legally responsible for the child either before or after the call to

the SCR. In fact, alerting parents or caregivers may hinder the investigation (New York State, Office of Children and Family Services, 2016b). Telephone Numbers to Report Abuse or Maltreatment: ● Mandated reporter : (800) 635-1522

● Public hotline : (800) 342-3720 ● For abuse by institutional staff: (855) 373-2122

A written report, signed by the reporter, must be filed within 48 hours of the oral report. Written reports are submitted to the local department of social services that has been assigned to the investigation. Written reports may be used as evidence in any judicial proceedings (New York State, Office of Children and Family Services, 2019; Office of Children and Family Services, Summary for Mandatory Reporters, 2019). Healthcare consideration: When reporting abuse as a mandated reporter, the reporter’s telephone number should be included. When reporting abuse while off duty, the public hotline should be used. However, if the child is believed to be in imminent danger, 911 should be called. The following information will be requested at the time of the call to the Statewide Central Register (New York State, Office of Children and Family Services, 2019; Office of Children and Family Services, Summary for Mandatory Reporters, 2019): ● Name and address of the child and parents or other persons responsible for the child’s care. ● The child’s age, gender, race, and location at the time of the report. ● The effect of the suspected abuse on the child. ● Family composition. ● The nature and extent of the child’s injures, abuse, or maltreatment, as well as any evidence of such injuries, abuse, or maltreatment. ● Name of the persons suspected to be responsible for the injury, abuse, or maltreatment. ● Any special needs or medications the child requires.

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