N.Y. Social Services Law § 415: Reporting procedure

§ 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.