N.Y. Social Services Law § 413: Persons and officials required to report cases of suspected child abuse or maltreatment

§ 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; 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.

(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.

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.