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This entry was published on 2014-09-22
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SECTION 415
Reporting procedure
Social Services (SOS) CHAPTER 55, ARTICLE 6, TITLE 6
§ 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.