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This entry was published on 2024-02-09
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SECTION 413
Persons and officials required to report cases of suspected child abuse or maltreatment
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 6
§ 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; licensed behavior analyst;
certified behavior analyst assistant; 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; full or part-time compensated school employee required to
hold a temporary coaching license or professional coaching certificate;
social services worker; employee of a publicly-funded emergency shelter
for families with children; 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 for children that is licensed, certified or operated by the
office of children and family services; 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; employees, who are expected
to have regular and substantial contact with children, of a health home
or health home care management agency contracting with a health home as
designated by the department of health and authorized under section
three hundred sixty-five-l of this chapter or such employees who provide
home and community based services under a demonstration program pursuant
to section eleven hundred fifteen of the federal social security act who
are expected to have regular and substantial contact with children;
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 December 22, 2025

* (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; athletic trainer; psychologist; registered nurse; social worker;
emergency medical technician; licensed creative arts therapist; licensed
marriage and family therapist; licensed mental health counselor;
licensed psychoanalyst; licensed behavior analyst; certified behavior
analyst assistant; 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; full or part-time compensated school employee required to
hold a temporary coaching license or professional coaching certificate;
social services worker; employee of a publicly-funded emergency shelter
for families with children; 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 for children that is licensed, certified or operated by the
office of children and family services; 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; employees, who are expected
to have regular and substantial contact with children, of a health home
or health home care management agency contracting with a health home as
designated by the department of health and authorized under section
three hundred sixty-five-l of this chapter or such employees who provide
home and community based services under a demonstration program pursuant
to section eleven hundred fifteen of the federal social security act who
are expected to have regular and substantial contact with children;
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 December 22, 2025

(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.

(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.

* 5. The office of children and family services shall update training
issued to persons and officials required to report cases of suspected
child abuse or maltreatment to include protocols to reduce implicit bias
in the decision-making processes, strategies for identifying adverse
childhood experiences as defined in paragraph (c) of subdivision one of
section twenty-d of this chapter, and guidelines to assist in
recognizing signs of abuse or maltreatment while interacting virtually.
Such persons and officials shall have three years from the effective
date of the chapter of the laws of two thousand twenty-one that added
this subdivision to receive such updated mandated reported training.

* NB Repealed April 1, 2025

* 6. The office of children and family services shall update training
issued to persons and officials required to report cases of suspected
child abuse or maltreatment to include guidance on identifying an abused
or maltreated child when such child is an individual with an
intellectual or developmental disability as defined in section 1.03 of
the mental hygiene law. Such guidance shall be developed in consultation
with the justice center for the protection of people with special needs.
Persons and officials required to report cases of suspected child abuse
or maltreatment shall have two years from the effective date of this
subdivision to receive such updated mandated reporter training.

* NB Effective November 17, 2024