Child Abuse

LoginSign Up
 HOME
 PURCHASE
 COURSES
 MY ACCOUNT
 HELP
 ABOUT
 BLOG
Meet Your New York Continuing Requirements Quickly & Affordably.

Course
Click here to sign up now!
Child Abuse: New York Mandated Reporter Training -

2 Contact Hours
This course follows the required curriculum and materials provided in the mandated
reporter trainer's resource guide, identifying and reporting child abuse and
maltreatment/neglect, which was developed by the research foundation of
SUNY/BSC/C DHS.

Authors: Julia Tortorice (RN, MBA, MSN, NEA-BC, CPHQ)
Course Outline
 Outcomes
 Objectives
 Why is this Training so Important
 University of Rochester Study
 Positive CPS Intervention
 Background of the CPS System
 Reports Registered
 Mandated Reporters
 Professional Capacity
 Legislative Changes in 2007
 Legal Protections
 Legal Penalties
 Mandated Reporter Records
 What is Child Abuse and Maltreatment/Neglect
o The Definition of Abuse
o Definition of Maltreatment and Neglect
 Indicators
o Physical Indicators
o Maltreatment/Neglect
o Emotional Maltreatment
o Sexual Abuse
 Talking with Children
 What Is Reasonable Cause to Suspect Abuse or Maltreatment
 Who Can Be Reported
 What is Imminent Danger
 Making the Call
 Case Studies
o Case Study Answers/Discussions
 Reports Not Registered
 Follow-Up After the Report to SCR
 Law Enforcement Referrals
 CPS System Flowchart
 Local CPS Response
 New York Resources
 Other Resources
 List of Attached Resources
o Form LDSS-2221A
o Frequently Asked Questions
o Social Services Law
o False Reporting Statues
o Family Court Act
o Penal Law
 Glossary of Terms
 References
Outcomes
 Return to Menu
The purpose of this training is to provide the learner with the knowledge to make an informed
decision about whether a situation involves child abuse or maltreatment, what the reporting
obligation is, and how to go about making such a report.
Objectives
 Return to Menu
After completing this course, the learner will be able to:
 Effectively report child abuse or maltreatment/neglect to New York State Central

Register (SCR) of Child Abuse and Maltreatment. The SCR is also referred to as the
“Hotline.”
 Evaluate situations to determine the reasonable cause to suspect child abuse and
maltreatment/neglect.
 Identify physical and behavioral indicators associated with child abuse and
maltreatment/neglect.
 Describe legal frameworks for mandated reporters and the New York State Child
Protective Services.
Why is this Training so Important
 Return to Menu
Studies conclude that professionals that have contact with children report only half of the
incidents that may be abuse or maltreatment/neglect (Research foundation, 2011). The reason for
this low report rate was due to the confusion or misunderstanding about the laws and procedures
and a lack of knowledge or awareness of warning signs. The study also found the professionals
are often influenced by their professional beliefs values and past experiences (Research
foundation, 2011). This prompted the state of New York to require mandated reporter training.
University of Rochester Study
 Return to Menu
In 1999, the Monroe County Department of Social Services engaged the University of
Rochester’s Department of Community and Preventive Medicine and the Perinatal Network of
Rochester to conduct research for a campaign to increase community involvement to prevent
child abuse and maltreatment and to improve reporting. Mandated reporters were included as a
group in this study.
As a result of these and other studies, we know that child abuse and maltreatment are
underreported and that, conversely, some situations that are reported to the New York State
Central Register (SCR) are more suitable for preventive services or other resources.
This training is designed to provide an understanding of the preventive-protective continuum of

care within the Child Protective Services (CPS) system as it operates in New York State.
Think about situations you encounter from a different viewpoint. For example, in some cultures
beans and rice are dietary staples. One’s personal belief may not include entire meals from such
a food group as nutritionally sound. Not applying one’s beliefs, values, or experiences but,
instead, acting on the facts and from professional experience is a better measure of how to
respond to suspicious incidents.
Positive CPS Intervention
 Return to Menu
CPS intervention into a family’s life can be positive. It can provide stability and a structure for
change. The CPS system works to support families through crisis and stress in their lives.
Working with a family to improve their lives and break the cycle of abuse and maltreatment is
the purpose of the intervention.
Instead of thinking of your report to the SCR as punitive, remember that sometimes intervention
can provide exactly the kind of help a family needs to prevent the abuse or maltreatment from
causing irreversible harm.
Whether or not you believe the parent(s) or legally responsible adult(s) of the child will be open
to intervention, you are still obligated to make the report to the SCR. In some cases, a report is
the “wake-up call” a parent needs or a means for gaining assistance in areas of their lives that
have become unmanageable.
Background of the CPS System
 Return to Menu
The SCR began in 1973 with the passing of the Child Protective Services Act. This law required
the following:
 Mandatory reporting of suspected child abuse or maltreatment by specific

professionals. The list of those professionals can be found in the New York Social
Services Law §413. This list changes as legislation is updated.
 The creation of a 24-hour, 7-day-a-week central registry, known in New York as the
SCR, to receive reports. The SCR is operated by the New York State Office for
Children and Family Services (OCFS).
 The creation of local Child Protective Services (CPS) to receive and investigate
registered reports. In New York, local district CPS offices are staffed by human
service professionals trained to investigate allegations of child abuse and
maltreatment.
The laws that guide New York Child Protective Services today are Article 6, Title 6 of the Social
Services Law and Article 10 of the Family Court Act.
Reports Registered
 Return to Menu
Violence is a central public health issue. The World Health Organization (WHO) estimates that
nearly 53,000 children are murdered each year and that the prevalence of forced sexual
intercourse and other forms of sexual violence involving touch, among boys and girls under 18,
is 73 million and 150 million respectively (WHO, 2016).
For 2014, there were a nationally estimated 702,000 victims of abuse and neglect, resulting in a
rate of 9.4 victims per 1,000 children in the population. The youngest children are the most
vulnerable to maltreatment. In FFY 2014, 52 states reported that more than one-quarter (27.4%)
of victims were younger than 3 years (DHHS, 2014, pg. 21.
The percentages (not shown) of child victims were similar for both boys (48.9) and girls (50.7).
African American children had the highest rate of victimization at 15.3 per 1,000 children in the
population of the same race or ethnicity, and American Indian or Alaska Native children had the
second-highest rate at 13.4 per 1,000 children. Hispanic and White children had lower rates of
victimization at 8.8 and 8.4 per 1,000 children in the population of the same race or ethnicity
(DHHS, 2014, pg. 23).
For FFY 2014, a nationally estimated 1,580 children died from abuse and neglect at a rate of
2.13 per 100,000 children in the population (DHHS, 2014, pg. 51).
The majority of reports of child abuse are made by mandated reporters. This is due to their
professional training and mandated reporter training (NYOFS, 2016).
Mandated Reporters
 Return to Menu
Anyone may report suspected abuse or maltreatment/neglect at any time and are encouraged to
do so. However, Section § 413 of the social services law requires designated professionals to
report to the SCR when (NYOFS, 2016):
 When they have reasonable cause to suspect that a child before them in their

professional capacity has been abused or maltreated.
 Or, when there is 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 official capacity and states from personal knowledge, facts,
conditions, or circumstances which, if correct, would render the child an abused or
maltreated child, then they must report.
Required Mandated Reporters may change as legislature is passed. The most recent list can be
found in the social services law section 413 here. The following persons or officials are
mandated reporters in accordance with social services law § 413 as of 5/26/16 is (NYOFS,
2016):
 Physician
 Registered Physician's 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
 Hospital personnel engaged in the admission, examination, care, or treatment of

persons
 Christian Science Practitioner
 School Official, including (but is not limited to):
o School Teacher
o School Guidance
o Counselor
 School Psychologist
 School Social Worker
 School Nurse
 School Administrator or
 Other School Personnel required to hold a Teaching or

Administrative license or certificate
 Social Services Worker
 Director of a Children's Overnight Camp, Summer Day Camp or Traveling

 Summer Day Camp
 Daycare Center Worker
 School-age Childcare Worker
 Provider of Family or Group Family Daycare
 Employee or Volunteer in a Residential Care Facility for Children
 Any other Childcare or Foster Care Worker
 Mental Health Professional
 Substance Abuse Counselor
 Alcoholism Counselor
 All persons credentialed by the Office of Alcoholism and Substance Abuse Services
 Peace Officer
 Police Officer
 District Attorney or Assistant District Attorney
 Investigator employed in the Office of the District Attorney
 Any other Law Enforcement Official
Whenever such person is required to report 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. Nothing in this section or title is intended to require more than one report from any
institution, school, or agency. No retaliatory personnel action is allowed.
The role of the mandated reporter is to report suspected incidents of child abuse and
maltreatment. Reports need to be made to the SCR immediately upon the development
of reasonable cause to suspect child abuse or maltreatment.
Professional Capacity
 Return to Menu
Professional capacity definition is anytime that a person is acting within the scope of their
employment or carrying out functions as part of the duties and responsibilities of their
profession.
Use examples of “on duty” or “on the clock” versus “off duty,” are the following:
 A doctor examining a child in her practice who has a reasonable suspicion of abuse
must report her concern.
 In contrast, the doctor who witnesses child abuse when riding her bike while off-
duty is not mandated to report that abuse.
The mandated reporter's legal responsibility to report suspected child abuse or maltreatment
ceases when the mandated reporter stops practicing his/her profession. Of course, anyone may
report any suspected abuse or maltreatment at any time and is encouraged to do so.
Legislative Changes in 2007
 Return to Menu
The mandated reporter (MR) with direct knowledge is responsible for calling the SCR.
MR notifies the agency administrator (or reporting designee) immediately. No prior approval or
conditions may be imposed.
The agency administrator:
 Maintains the call ID #
 Provides SCR with all KNOWN names of other agency MRs with direct knowledge
There are two new pieces of legislation that modify SSL§413 enacted in 2007. The changes are
effective October 1, 2007.
Chapter 193 broadens the identification of a school official within the context of who is a
mandated reporter. The definition of school official now “includes, but is not limited to a 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.”
The new law also establishes the requirement that “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 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 institution, school or agency.”
No retaliatory personnel action against an employee can be taken. No employer can establish any
conditions, prior approval, or prior notification (See 08 OCFS INF 01).
Special Note: Social services workers are required to report or cause a report to be made
whenever they have reasonable cause to suspect. This change speaks directly to the staff of social
service agencies. Social services workers must make a report when a person comes before them,
not the parent, child, or other legally responsible person, just a person. For more information,
refer to 07 OCFS ADM 15 for clarification of the definition of social services workers.
Legal Protections
 Return to Menu
Mandated reporters have a legal obligation to report, but there is also a framework for protection
and guidance to support them.
 Immunity (don’t call anonymously)
 Source Confidentiality
 No retaliatory personnel action shall be taken for making a report.
There are three components to the legal framework applicable to mandated reporters:
1. Immunity from Liability

1. Some mandated reporters face a conflict between their legal obligation to report and their legal
obligation to maintain client or patient confidentiality.
2. Section 419 of the Social Service Law provides immunity from liability for mandated
reporters. (Refer participants to Social Service Law tab.)
3. Mandated reporters are immune from any criminal or civil liability if the report was made in
good faith.
4. The good faith of such a person, official, or institution required to report is presumed. This
means if a person accuses you of making a false report in bad faith, they have to PROVE you
acted with gross negligence or willful misconduct.
2. Confidentiality
1. New York State law provides confidentiality to those who make a report.
2. Refer to SSL§422 (4)(A).
3. OCFS and the local CPS are NOT permitted to release to the subject of the report any data that
would identify the source of the report, unless the reporter has given written permission for
OCFS or CPS to do so.
4. Information regarding the report source may be shared by OCFS or the local CPS with certain
individuals (e.g., courts, police, district attorney), but only as provided by law.
3. Penalties for Failure to Report
1. Mandated reporters are subject to serious consequences for failure to report.
2. A mandated reporter who fails to report can be found guilty of a Class A misdemeanor. A
Class A misdemeanor can result in a penalty of up to a year in jail, a fine of up to $1,000.00, or
both.
3. Additionally, failing to report may result in a lawsuit in civil court for monetary damages for
any harm caused by the mandated reporter’s failure to make the report to the SCR, including
wrongful death suits.
4. 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 SCR. 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 mandated to report
suspected child abuse or maltreatment.
Legal Penalties
 Return to Menu
Failure to make the call:
 Criminal-class A misdemeanor
 Civil Liability
Class A misdemeanor, which can result in a penalty of up to a year in jail, a fine of $1,000, or
both.
Additionally, failing to report may result in a lawsuit in Civil Court for monetary damages for
any harm caused by the mandated reporter's FAILURE TO MAKE the report to the SCR,
including wrongful death suits.
Mandated Reporters MUST call the SCR to ensure immunity and to be protected from criminal
and civil liability. If the mandated reporter calls the local county department of social services
office or a law enforcement official, then that mandated reporter HAS NOT fulfilled their legal
duty to report to the SCR.
Mandated Reporter Records
 Return to Menu
Section 415 of the SSL requires mandated reporter to provide records regarding a mandated
report necessary for a CPS investigation, irrespective of HIPAA privilege.
Effective November 21, 2005, an amendment to SSL §415 requires mandated reporters who
make a report that initiates an investigation of an allegation of child abuse or maltreatment to
comply with all requests for records made by CPS relating to such report.
The mandated reporter to whom the request is directed makes the determination of what
information is essential. If CPS believes that the mandated reporter has additional essential
information pertaining to the report, CPS should ask the mandated reporter for the additional
records and attempt to come to an agreement regarding any additional records. If CPS and the
mandated reporter cannot come to an agreement and CPS disagrees with the mandated reporter's
rationale for why the records are not relevant to the report, CPS may seek a court order pursuant
to CPLR Article 31 and SSL §415 directing the mandated reporter to produce the essential
information.
The amendment to SSL §415 only applies to the records of the mandated reporter who made
the report of suspected child abuse or maltreatment. Additionally, the records that CPS requests
should be limited only to information that directly pertains to the report itself.
The purpose of the inclusion of these records is to support a full investigation of allegations of
child abuse or maltreatment.
This language is not intended to be an expansion of a mandated reporter's current obligation.

Since the passage of the federal HIPAA, confusion has arisen regarding the obligation of a
mandated reporter to provide copies of written records that underlie the report. The intent of the
amendment to SSL 415 is to make clear that the mandated reporter's obligation also extends to
the provision of the records necessary to investigate the report, as has always been the case.
Materials included are:
 records relating to diagnosis, prognosis, or treatment
 clinical records of any patient or client
SPECIAL NOTE: Disclosure of substance abuse treatment records are pursuant to the standards
and procedures for disclosure of such records delineated in federal law.
Written reports from mandated reporters shall be admissible in evidence in any proceedings
relating to child abuse or maltreatment.
The statutory amendments do not require written consent and are intended to promote CPS
getting the needed supplemental information that supports the initial report.
What is Child Abuse and Maltreatment/Neglect
 Return to Menu
Consider the Child
 Must be less than 18 years of age

 What has happened
 Who may be responsible
Children are defined as individuals from birth up to eighteen years of age. Therefore, you cannot
report prenatal harm, but a child born with a positive toxicology can be reported.
However, if a child is born with a positive toxicology, that can be reported. Individuals no more
than 21 years of age that have a handicapping condition and are in residential care in certain New
York schools for the blind or deaf or private residential schools for special education services
may also be reported to SCR (NYOFS, 2016).
Youth no more than 21 years of age who have handicapping conditions and are in residential
care in certain New York schools for the blind or deaf or in private residential schools for special
educational services may also be reported to the SCR.
When identifying suspected child abuse and maltreatment, begin by considering the child.
Carefully review what has happened to the child that leads you to believe there is harm or risk
of harm to the child.
Consider how the parent or other persons legally responsible may be culpable for this condition
or circumstance.
Always start with the child and establish his or her condition, and then explore the involvement
of the parent or person legally responsible for the care of the child.
There are definitions you must understand that establish parameters for reporting abuse and
maltreatment.
Generally, maltreatment involves the quality of care a child receives. Abuse reflects the
seriousness of the injury.
There needs to be a connection between harm to the child or a substantial likelihood of harm and
the actions or inactions of the person responsible for the child.
Deciding if a report is classified as abuse or maltreatment is the job of the SCR when the report
is made or by local CPS during the investigation.
The following definitions should be used as guidelines to determine if there is reasonable cause
to suspect abuse or maltreatment.
The Definition of Abuse

Abuse involves serious injury such as burns, fractures, head trauma, and internal injuries. Be
prepared to give examples of what would constitute substantial risk of death or substantial risk of
physical harm.
The following are elements of abuse are defined in the Family Court Act 1012 (Research
foundation, 2011, Trainer’s Presentation Guide, pg. 16-17):
Subject inflicts or allows to be inflicted on a child serious physical injury by other than
accidental means.
AND
Such action causes or creates a substantial risk of death or serious or protracted disfigurement,
impairment of physical or emotional health or impairment of the function of any bodily organ
OR
 Subject creates or allows to be created a substantial risk of physical injury to the

child by other than accidental means
AND
 Such action causes or creates a substantial risk of death or serious or protracted

disfigurement, impairment of physical or emotional health, or impairment of the
function of any bodily organ
OR
 Subject commits or allows to be committed a sex offense as described in section 130

of the penal law
o Sexual misconduct
o Rape
o Criminal sexual act
o Forcible touching
o Persistent sexual abuse
o Sexual abuse
o Aggravated sexual abuse
o Course of sexual conduct against the child
o Female genital mutilation
o Facilitating a sex offense with a controlled substance
OR
 Subject commits or encourages the child to engage in any act defined in section
230.25, 230.30, or 230.32 of the penal law (promoting prostitution)
OR
 Subject commits any acts described in section 255.25 of the penal law (incest)
OR
 Subject allows child to engage in acts described in article 263 of the penal law:
o Use of a child in a sexual performance
o Promoting an obscene sexual performance by a child
o Possessing an obscene sexual performance by a child
o Promoting a sexual performance by a child
o Possessing a sexual performance by child
In NYS, while reasonable physical correction of a child is allowed, excessive corporal

punishment is not. “Excessive” is a case-by-case determination based on the form of the
punishment, its ability to cause serious injury, the purpose of the punishment, and what the child
did to warrant such punishment. More specifically, the following questions should help focus
mandated reporters’ thought processes or a class discussion. A “yes” response to any of these
questions may make a physical punishment excessive:
 Does the child (based on age, maturity, physical/mental condition) lack the
capacity to understand the corrective quality of the discipline?
 Is a less severe method of punishment available and likely to be effective?
 Is the punishment unnecessarily degrading to the child?
 Was the punishment inflicted for the gratification of the parent’s rage?
 Was the punishment brutal?
 Did the punishment last for such a time that it surpassed a child’s power of
endurance?
An example may clarify this point:
 A parent slaps their twelve-year-old son for being disrespectful. The child did not
sustain any bruises. This type of discipline would not be considered “excessive.” A
parent slaps their twelve-year-old son for being disrespectful. As a result of this
level of physical discipline, the child sustained a bruise and slight laceration on the
right side of his cheek. This type of discipline would be a registered report.
Definition of Maltreatment and Neglect
REMINDER: The terms “maltreatment” and “neglect” are often used interchangeably. Both
terms have legal foundation in the CPS system. “Maltreatment” is the term used in the Social
Service Law and “neglect” is used in the Family Court Act.
The following is the definition of maltreatment is defined as (Research foundation, 2011,

Trainer’s Presentation Guide, pg. 18):
 A child whose physical, mental, or emotional condition has been impaired or is at

imminent danger of becoming impaired
AND
 the subject failed to exercise a minimum degree of care
o in supplying adequate food, clothing, or shelter, or
o in supplying adequate education, or
o in supplying medical or dental care though financially able to do so or

offered financial or other reasonable means to do so, or
o in providing proper supervision or guardianship, or
o by inflicting excessive corporal punishment, or
o by misuse of drugs or alcohol
AND
 There is a causal connection between the child’s conditions in the subject’s failure
to exercise the minimum degree of care
OR
 The parent has abandoned the child by demonstrating intent to forgo his or her
parental rights and obligations by failing to visit the child to communicate with the
child though able to do so.
A copy of The Family Court Act is available here.
The Abandoned Infant Protection Act (AIPA, refer to the AIPA tab) does NOT affect your
responsibilities as a mandated reporter.
AIPA does NOT amend the law in regard to mandated reporters or does NOT in any way change
or lessen the responsibilities of mandated reporters.
Mandated reporters who learn of abandonment are still obligated to fulfill their legal
responsibility.
The following figure illustrates normal and suspicious bruising areas. Note the “normal” areas
versus the “suspicious” areas.
<
(AbuseWatch.net, 2012)
In addition to location, the size and the shape of the injury needs to be considered.
Children are susceptible to injuries in relation to their developmental stage.
If a plausible explanation is offered, consider the age of the child and the location of a suspicious
injury when developing your thoughts about “reasonable cause to suspect.”
Accidental injuries usually involve injury to the boney prominences of the body, i.e., shins,
elbows, knees. For example:
 Toddlers fall while learning to walk.
 Young children “skin” elbows and knees when learning to ride a bicycle.
Suspicious injuries usually occur in areas not susceptible to accidental, age-appropriate areas.
Indicators
 Return to Menu
Indicators of abuse warn the mandated reporter to pay more attention to a particular situation.
Sometimes there are no indicators even though the child is being abused. There are three types of
indicators of abuse or maltreatment/neglect;
1. physical indicators
2. child behavioral indicators
3. and parent behavioral indicators.
Indicators should not be viewed in isolation; they must be considered in relation to the child’s
condition. Indicators should be considered in the overall context of the child’s physical
appearance and behavior. Sometimes a single indicator is self-evident or points to abuse or
maltreatment/neglect. Often several indicators must be pulled together or clusters of indicators
used to develop reasonable cause (Research foundation, 2011).
Some mandated reporters see a child only once or very infrequently; others see them more often.
In looking for reasonable cause you need to consider what you know about the child’s normal
behavior. No two children will respond the same way to the same situation.
Physical Indicators
Common physical indicators are severe unexplained or suspicious bruises and welts, fractures,
burns, lacerations, or abrasions. Specific physical indicators are (Research foundation, 2011, pg.
6) (NYOFS, 2016):
1. Unexplained bruises and welts

1. On face, lips, mouth, torso, back, buttocks or thighs.
Handprint Injury
b. Bruising of torso, buttocks, and thighs

c. Bruises in various stages of healing clustered bruises forming regular patterns that might reflect
the shape of an article used to inflict the injury
d. Bruises on several different areas
e. Bruises regularly appear after absence, weekend, or vacation
2. Unexplained fractures
a. To nose, skull, or facial structure
b. In various stages of healing
c. Multiple or Spiral fractures
Spiral Fracture
d. Swollen or tender lambs
3. Unexplained burns
a. Cigar, cigarette burns especially on the soles of feet, palms, back and buttocks
Cigarette burn
b. Immersion burns: sock like, glove like, doughnut shaped on buttocks or genitalia
Glove like burn
Sock like burn

AbuseWatch.net, 2012)
c. Patterned like electric burner or iron

Steam Iron Injury
d. Rope burns on arms, legs, neck, or torso
Looped cord injury (AbuseWatch.net, 2012)
4. Unexplained lacerations or abrasions

a. To mouth, lips, gums, or eyes
b. To external genitalia
c. On back of arms, legs, or torso
d. Human bite marks
e. Frequent injuries that are accidental or unexplained
Accidental injuries usually involve injury on a bony prominence of the body such as elbows and
knees and shins. Suspicious injuries usually occur in areas not susceptible to accidental age-
appropriate areas. The following pictures indicate areas where children would not normally
bruise, and suspicious bruising areas, as well as other suspicious areas of injury.
Bruising Areas
Suspicious areas of bruising


Clues to the mechanism of injury

Consider the size and shape of the injury, as well as the location of injury (Research foundation,
2011). Consider the relationship of the mechanism of injury (explanation of how the injury
occurred) to the child’s developmental stage. For example, toddlers fall when they learn to walk,
and young children scrape their knees when learning to ride a bicycle. Consider if the story that
was given as an explanation for an injury would produce the physical indicators that are present.
For instance, a toddler falls to the floor while walking, not striking anything when he fell. That
toddler has bruises on the back of his legs. One would expect that from a fall while walking, the
toddler would have bruises and scrapes on his hands, knees, and shins; not bruises on the back of
his legs.
Child behavioral indicators of physical abuse may be (Research foundation, 2011, participant’s
guide pg. 6) (NYOFS, 2016):
1. The child is wary of adult contact
2. Apprehensive when other children cry
3. Demonstrates behavioral extremes
4. Frightened of parents
5. Afraid to go home
6. Reports injury by a parent
7. Wears long sleeve or similar clothing to hide injuries
8. Seeks affection from adults
Parent behavioral indicators of physical abuse may be (Research foundation, 2011, participant’s
1. Seemed unconcerned about the child

2. Takes a usual amount of time to obtain medical care for the child
3. Offers inadequate or inappropriate explanations for the injury
4. Gives different explanations for the same injury
5. Misuses drugs or alcohol
6. Disciplines the child too harshly considering the child’s age or what she has done wrong
7. Sees the child as bad or evil
8. Has a history of abuse as a child
9. Attempts to conceal the child’s injury
10. Takes a child to a different hospital or doctor for each injury
11. Has poor impulse control
Maltreatment/Neglect
Child physical indicators of maltreatment/neglect may be (Research foundation, 2011,
participant’s guide pg. 7) (NYOFS, 2016):
1. Consistent hunger, poor hygiene, inappropriate dress

2. Consistent lack of supervision, especially in dangerous activities or for long periods
3. Unattended physical problems or medical or dental needs
4. Abandonment
Child behavioral indicators of maltreatment/neglect may be (Research foundation, 2011,

1. Begging or stealing food

2. Extended stays in school – arrives early, leaves late
3. Attendance at school infrequent
4. Consistent fatigue, falls asleep in class
5. Alcohol and drug abuse
6. States there is no caretaker
Parental behavior indicators of maltreatment/neglect may be (Research foundation, 2011,

1. Misuses alcohol or other drugs
2. Has disorganized, upsetting home life
3. Is apathetic, feeling nothing will change
4. Is isolated from friends, relatives, neighbors
5. Has long term chronic illness
6. Cannot be found
7. Has history of neglect as a child
8. Exposes child to unsafe living conditions
9. Evidences limited intellectual capacity
Emotional Maltreatment
Child physical indicators of emotional maltreatment may be (Research foundation, 2011,
1. Conduct disorders such as fighting in school, antisocial, or destructive

2. Habit disorders such as rocking, fighting, or sucking fingers
3. Neurotic disorders such as speech disorders, sleep problems, or inhibition of play
4. Psychoneurotic reactions such as phobias, hysterical reactions, compulsions, or hypochondria
5. Lags in physical development
6. Failure to thrive
FIG. 6-3. Photograph of patient with marked failure to thrive (case 6-7).
Child behavioral indicators of emotional maltreatment may be (Research foundation, 2011,

1. Overly adaptive behavior such as inappropriately adult or inappropriately infantile

2. Developmental delays, mental or emotional
3. Extremes of behavior such as compliant, passive, aggressive, or demanding
4. Suicide attempt or gestures or self-mutilation
Parent behavioral indicators of emotional maltreatment may be (Research foundation, 2011,
1. Treats children in the family unequally

2. Doesn’t seem to care much about the child’s problem
3. Blames or belittles the child
4. Is cold and rejecting
5. Inconsistent behavior toward the child
Sexual Abuse
Child physical indicators of sexual abuse may be (Research foundation, 2011, participant’s guide
pg. 8) (NYOFS, 2016):
1. Difficulty in walking or sitting

2. Torn, sustained, or bloody underclothing
3. Pain or itching in genitalia
4. Pregnancy, especially in early adolescence
5. Bruises or bleeding in external genitalia, vaginal or anal areas
6. Sexually transmitted diseases, especially in pre-adolescent age group including venereal oral
infections
Child behavioral indicators of sexual abuse may be (Research foundation, 2011, participant’s
1. Unwilling to change for or participate in physical education class

2. Withdrawal, fantasy, or infantile behavior
3. Bizarre, sophisticated, unusual sexual behavior or knowledge
4. Self-injurious behaviors, suicide attempts
5. Poor peer relationships
6. Aggressive or disruptive behavior, delinquency, running away, or school truancy
7. Reports sexual assault by caretakers
8. Exaggerated fear of closeness or physical contact
Parent behavioral indicators of sexual abuse may be (Research foundation, 2011, participant’s
1. Very protective or jealous of the child

2. Encourages the child to engage in prostitution or sexual acts in the presence of caretaker
3. Misuses alcohol or drugs
4. Is geographically isolated and/or lacking in social and emotional contacts outside the family
5. Has low self-esteem
Talking with Children

 Return to Menu
Do:
 Find a private place
 Remain calm
 Be honest, open, up-front, supportive
 Be an advocate
 Listen to the child
 Report the situation immediately
Don’t:
 Overreact
 Make judgment/promises
 Interrogate or investigate
CAUTION: When dealing with child abuse or maltreatment, you are not to investigate or
interrogate. Your responsibility is to assess for reasonable cause to suspect and make the
necessary report.
Occasionally you learn of possible abuse or maltreatment not by what you see, but by what a
child says.
When a child discloses, consider the suggestions or “dos” for talking with children.
When talking with a child, stress that the situation and the behaviors are not his or her fault.
You are NOT legally required to inform parents or other persons legally responsible for a child’s
care that you are making a report to the SCR.
Do NOT assume a parent will support the child. If you have questions or concerns about whether
to inform the parents, contact your local CPS (refer to Local CPS tab).
Informing the parent or other person legally responsible may place a child at further risk of harm.
There are specific guidelines that apply to cases of suspected sexual abuse. Once a child reveals
information that makes you suspect sexual abuse, avoid talking in detail with the child about the
incident. Often CPS and law enforcement work together to interview a child at the same time.
These professionals have been specially trained in interviewing children. This is a traumatic
experience or a child to relive. In your role as a mandated reporter, try to minimize how much
you talk to a child about an incident involving suspected sexual abuse.
What Is Reasonable Cause to Suspect Abuse or Maltreatment
 Return to Menu
Reasonable cause to suspect
 Do not have to prove it
 Based on observation or disclosure
 The child is harmed or in imminent danger to harm
Explanations that are inconsistent with your observations and/or knowledge may be a basis for
your reasonable suspicion.
As a mandated reporter, you are required to report suspected incidents; it is your duty.
If there is a reasonable cause to suspect a child is being abused or maltreated, you must call the
SCR immediately.
You do NOT have to be positive that abuse or maltreatment is occurring.
You do NOT have to have proof that abuse or maltreatment has occurred.
When you have “reasonable cause to suspect” you must attempt to register a report for the
incident, even if these events continue to occur.
DO NOT assume that another agency or individual is making the report and your responsibility
is relieved. Even if you know they have made a report, you are obligated to report the incident
also.
The sooner the incident is reported, the better the chances for protecting the child and providing
appropriate services for the family.
The information you gather from your observations may be different from those of another
reporter. This information is all relevant to the SCR in making their decision when registering a
report.
REMEMBER: Crimes committed against children should be directly reported to law

enforcement. If you are uncertain if an incident is criminal, you can contact the SCR anyway.
SCR staff are trained to make those distinctions or can make a Law Enforcement Referral (LER).
In certain circumstances, it may be necessary to contact law enforcement if anyone is in
immediate danger.
Who Can Be Reported
 Return to Menu
Person legally responsible
 Parent
 Guardian
 Custodian
 Daycare provider
 Residential care staff
Knowing who has caused harm to a child is a significant factor in determining how to proceed.
The SCR only registers reports against a parent, guardian, or other person eighteen years of
age or older who is legally responsible for the child.
According to the Family Court Act, persons legally responsible include the child’s custodian,
guardian, and any other person 18-years old or older responsible for the child’s care at the
relevant time. This includes any person continually or at regular intervals found in the same
household as the child when the conduct of such person causes or contributes to the abuse or
maltreatment of the child.
Once the SCR registers a report, the person who is named as causing the harm to the child
becomes the “subject of the report.”
SPECIAL NOTE: Additional information and definitions regarding the “subject of a report” can
be found in SSL§412.
Teachers in most public or private schools do NOT qualify as “subjects of reports” when they are
acting as teachers. Teachers can be “subjects of reports” when the incident involves their own
child, or with a child, they have legal responsibility for outside of their role as a teacher.
What is Imminent Danger
 Return to Menu
Imminent danger
 Distance between child and harm by actions or failure to act
 Could occur immediately or very soon
 How direct the threat is to the child
Imminent danger is a term that measures the distance between a child and the harm created by a
parent’s (or other person legally responsible) actions or failure to act.
Imminent danger means that the child is placed at immediate risk or substantial risk of
harm.
The key factor in assessing imminent danger is to ask yourself, “How direct is the threat to the
child?” In other words, the danger to the child must be immediate or nearly immediate.
The standard to be applied is reasonableness. Ask yourself, “Is it reasonable to believe an

intervening factor could occur?” If the answer is yes, then there is no imminent danger. If the
answer is no, then there is reasonableness to assume that harm could occur and there is imminent
danger.
An example may help clarify this point: If a parent swings an object at a child attempting to
strike the child on the head, but misses, we can say that the danger was imminent. The only
additional factor necessary for the child to be injured was for the parent to connect, rather than
miss, and it is reasonable to believe this could have occurred.
Making the Call
 Return to Menu
The SCR mandated reporter express line number is 800-635-1522.
The Public hotline number is 800-342-3720.
For abuse by institutional staff call 855-373-2122
Oral reports must be made to the SCR by calling the mandated reporter designated hotline. Calls
to this hotline are given priority.
Do NOT give the mandated reporter hotline number to anyone who is not a mandated reporter.
This circumvents the intent of the mandated reporter hotline.
REMEMBER: If you are NOT acting in your official capacity when you make the call, then you
must call the non-mandated reporter hotline phone number.
Two counties in New York State have their own localized hotlines that may be used instead of
the SCR hotline.
 Onondaga County (315)-422-9701
 Monroe County (585)-461-5690
The CPS specialist who responds to your call is prepared to assist you through the reporting
process.
As a mandated reporter, you need to be prepared to articulate your concerns in a clear and
concise manner.
It is important for you to prepare before you make the call, so you will have information readily
available when the CPS specialist asks you to provide it.
A useful tool you can use to organize your information is the LDSS-2221A form., located here.
Since this form needs to be filled out anyway, this will not be a waste of time.
Gathering information on this form and then using it while making the call may be helpful to
you.
Consider before making the call
 Demographics
 Has the child been harmed, or is the child at risk of harm and how
 Roll of parent or person legally responsible
 Ongoing pattern
 Where is the child
 Are there any special needs or mediations, what are they
 Concerns for local CPS (weapons, dogs, etc.)
 Is an interpreter required
 Name, title, and contact information of other mandated reporters and other
persons with direct knowledge of abuse and neglect from our agency
 Any other information
Your job is to provide enough information to aid the CPS specialist in his or her decision-making
process.
Explain to the CPS specialist what your suspicions or concerns are relative to the child who has
come to your attention. Explain whether the child has been subjected to harm and why.
Some mandated reporters have consistent and close contact with a child or parent because of the
nature of their profession. This may give the mandated reporter an advantage in being able to
assess the overall condition of the child.
Some identifying information is required. The local CPS agency will need some way to be able
to locate the child.
REMINDER: Use the LDSS-2221A form to gather information, and then use it as a tool to
organize your information while making the call.
Special Note: When registering your report, you may request that the local CPS agency assigned
to this report contact you directly.
If the report you make is registered by the CPS specialist, be sure to ask for the call identification
number assigned to your report, as well as the full name of the CPS specialist you are speaking
with.
You can request a “Summary of Findings.” This brief document can be provided to you
following the completion of the local district investigation and determination of the investigation
outcome.
Simply because you are calling as a mandated reporter does not mean that a report will
automatically be registered. If the SCR cannot register the report you are trying to make, the
reason for their decision should be clearly explained to you, and you should be offered an
opportunity to speak to a supervisor.
If you are not satisfied with the outcome of your interview with the CPS specialist, be sure to ask
to speak with a supervisor. Supervisors are on duty at the SCR around the clock and can be very
helpful in clarifying issues and reviewing decisions whenever this is necessary.
Case Studies
 Return to Menu
Consider these questions when evaluating the following case studies:
 What indicators are present
 Is there reasonable cause to suspect abuse or maltreatment/neglect
 If so, who is responsible for abuse or maltreatment/neglect

 What are your next steps
The correct answers follow the case studies.
Use these same questions when confronted with an incident to help decide if there is reasonable
cause to suspect.
Your “gut” feeling serves as a warning and warrants further examination of the situation.
1. A female, age 15, has comes to the ER with the rash on her vaginal area. She discloses she has
been engaging in sexual intercourse with her mother’s 38-year-old boyfriend for the past two
months. The boyfriend has resided in the house with the child and her mother for the past five
years and is responsible for the care of the child when the mother is at work (Research foundation,
2011, Participant Guide, Medical pg. 15).
1. What indicators are present?
2. Is there a reasonable cause to suspect abuse or maltreatment?
3. Is there a parent or other person responsible for the suspected abuse or maltreatment?
4. What are your next steps?
2. Seven-year-old Chris came to the doctor’s office for a physical. He has a bruise on the right side
of his face with scrapes along his right arm. The child claimed he fell off his bike. The child lives
with his mother, a single parent. She says Chris is a very active child and at times can present
challenging behaviors at school (Research foundation, 2011, Participant Guide, Medical pg. 16).
2. Is there reasonable cause to suspect abuse or maltreatment?
3. A mother delivers a baby that has neonatal drug withdrawal. When talking to the mother, you
learned she has not prepared for baby to come home (Research foundation, 2011, Participant
Guide, Medical pg. 17).
4. Eight-year-old Jason comes to the ER with a broken arm. His mother says he fell off the bed.
When Jason Jason’s arm is x-rayed, there’s a spiral fracture to his humorous (Research foundation,
2011, Participant Guide, Medical pg. 18).
Case Study Answers/Discussions

 Case Study A
o What indicators are present?

 Sexual abuse and verbal disclosure
o Is there reasonable cause to suspect abuse or maltreatment?
 Yes
o Is there a parent or other person responsible for the suspected abuse or

maltreatment?
 38-year-old boyfriend is an adult living in the home acting as a

caregiver
o What are your next steps?
 Call SCR
 Case Study B
 Bruises, scrapes
 No, the story is consistent with

a bike injury. Injuries sustained in
an accidental fall would be along one side of the child’s body.

maltreatment?
 No
 Treat the child’s injury.
 Case Study C
 Neonatal drug withdrawal and no plan for the baby
 Yes

maltreatment?
 Mother
 Call SCR
 Case Study D
 Spiral fracture, the explanation is not plausible
 Yes

maltreatment?
 Mother
 Call SCR
Reports Not Registered
 Return to Menu
Not all situations are appropriate for CPS intervention. Some situations are more appropriate for
referral to preventive services. If this is the case, you may contact the local CPS directly to get
the family the help they need.
A list of local CPS offices and other helpful links are on the OCFS Website. There is also a list
of local CPS offices provided in the tabbed Local CPS section.
Follow-Up After the Report to SCR
 Return to Menu
 Complete form LDSS-2221A within 48 hours
 Send to local CPS
If the SCR accepts the report, WRITE DOWN THE CALL ID # given by the CPS Specialist at
the SCR. On the upper right corner of the 2221A, there is a place to RECORD THE CALL ID
#.
Answer any questions they may have about completing this form.
Two copies of the form, an original and a duplicate must be forwarded to the local CPS agency
within 48 hours. A third copy should be kept on file by the reporter.
After you complete your call to the SCR, immediately notify the person in charge of the
institution, school, facility, or agency, or the designated agent of the person in charge, and
provide the information reported to the SCR, including the names of other persons identified as
having direct knowledge or the alleged abuse or maltreatment and other mandated reporters
identified as having reasonable cause to suspect.
The person in charge or designated agent, once notified that a report has been made to the SCR,
becomes responsible for all subsequent administration concerning the report, including
preparation and submission of the form LDSS-2221A.
As suggested earlier, if time permits, it may be helpful to fill out the form before placing your
call to the SCR. This enables you to organize whatever demographic and identifying information
you might have, as well as your allegations and concerns. REMEMBER: The safety of the child
must come before the completion of the form.
Written reports, using the LDSS-2221A, should be sent to the local CPS
Law Enforcement Referrals
 Return to Menu
When the circumstances of your call to the SCR constitute a crime or an immediate threat to the
child’s health or safety, but the report is not registerable, the SCR will send the information to
the New York State Police Information Network (NYSPIN), or to the New York City Police
Department (NYPD) for necessary action.
These types of calls are referred to as Law Enforcement Referrals, or “LERs.” They are
transmitted to the appropriate police agency for follow-up. They are NOT registered SCR
reports. LERs are not assigned a call identification number. If you are a mandated reporter in a
LER situation, you do NOT need to complete the LDSS-2221A form.
CPS System Flowchart
 Return to Menu
1. A call is received at the SCR.
2. The report is registered or not registered.
3. If it is not registered, there may be a possible Law Enforcement Referral (LER).
4. The registered report is transmitted to the local CPS agency.
5. The report is investigated, and a safety assessment is performed by the local CPS.
6. Ongoing assessment of the child occurs.
7. The report is either “indicated” or “unfounded.” If the report is unfounded, then it is sealed.
Legally sealed unfounded reports are expunged ten years after the receipt of the report.
8. If it is indicated, a determination is made about whether continued services are needed.
9. In some cases, unfounded cases may be referred for community services.
10. If services are needed, a service plan is developed, and there is continued monitoring of the needed
services being provided.
11. If services are no longer needed, the case is closed.
Local CPS Response
 Return to Menu
 Begin investigation within 24 hours
o Assess the safety of child
o If necessary, take steps to protect the child
 Determination of report within 60 days
o Indicated
o Unfounded and sealed
Once a report has been accepted and registered at the SCR, the following process occurs:
 The report is immediately transmitted to the local CPS agency.
 The local CPS agency is then required to begin its investigation within 24
hours.
 Some reports require emergency action.
 This decision is difficult and at times rests only on the information presented at the
time of the report and on the interpretation of this information based on experience
in similar situations.
 Most caseworkers will make this decision after speaking to the source of the report
and consulting with his or her supervisor.
The investigation performed by the local CPS agency involves two interrelated and simultaneous
processes.
1. The first of these is the investigation to determine if there is some credible evidence of abuse or
maltreatment.
2. The second of these two processes is the development of a service plan. The local CPS has 60
days to conduct its investigation.
Besides visiting the family, caseworkers may call or visit relatives, schools, doctors, hospitals,
police, and any other service provider or agency who might have information about the child.
Local CPS is responsible for assessing the safety, risk, and well-being of the child identified in
the report and any other children in the home.
After evaluating the information gathered during the investigation, caseworkers make
a determination.
If it is determined that there is credible evidence, evidence “worthy of belief,” the report
is indicated and will remain on file at the SCR.
If no credible evidence can be found, the report is unfounded and is sealed. Sealed reports are
expunged after a period of ten years from the date of the report.
The determination of reports is a difficult task. No matter how thorough the investigation,
sometimes there is no clear evidence of what happened.
New York Resources
 Return to Menu
 New York State Office of Children and Family Services
o (518) 473-7793
o Website
 Prevent Child Abuse New York Helpline
o English and Spanish
o (800) 342-7472 — 24 hrs.
o Website
 New York State Domestic Violence Hotline
o (800) 942-6906 English
o (800) 942-6908 Spanish
o Website
New York State is divided into fifty-eight local social services districts. The five boroughs of
New York City comprise one district. Outside of New York City, each district corresponds to
one of the fifty-seven counties that make up the remainder of the state. County Departments of
Social Services (DSS) provide or administer the full range of publicly funded social services and
cash assistance programs. Families whose income meets state guidelines and who meet other
criteria may be able to receive a subsidy to offset some of their childcare costs. If you are
interested in learning more about the availability of childcare subsidies in your county, please
contact your DSS office.
Listed below is an alphabetical list of the fifty-eight DSS Offices available throughout New York
State.
 Albany County DSS
o 162 Washington Avenue Albany, NY 12210

o (518) 447-7300
o Website
 Allegany County DSS
o County Office Building ·7 Court St. · Belmont, NY 14813-1077
o (585) 268-9622
o Website
 Broome County DSS
o 36-42 Main Street · Binghamton, NY 13905-3199
o (607) 778-8850
o Website
 Cattaraugus County DSS
o One Leo Moss Drive · Suite 6010 · Olean, NY 14760-1158
o (716) 373-8065
o Website
 Cayuga County DSS
o County Office Building · 160 Genesee Street · 2nd Floor · Auburn, NY

13021-3433
o (315) 253-1011
o Website
 Chautauqua County DSS
o Hall R. Clothier Building · Mayville, NY 14757
o (716) 753-4421
o Website
 Chemung County DSS
o Human Resource Center · 425 Pennsylvania Avenue · Elmira, NY 14902
o (607) 737-5309
o Website
 Chenango County DSS
o 5 Court Street · Norwich, NY 13815
o (607) 337-1500
o Website
 Clinton County DSS
o 13 Durkee Street · Plattsburgh, NY 12901-2911
o (518) 565-3300
o Website
 Columbia County DSS
o 25 Railroad Avenue · P.O. Box 458 · Hudson, NY 12534
o (518) 828-9411
o Website
 Cortland County DSS
o County Office Building· 60 Central Avenue · Cortland, NY 13045-5590
o (607) 753-5248
o Website
 Delaware County DSS
o 111 Main Street · P.O. Box 469 · Delhi, NY 13753-1265
o (607) 746-2325
o Website
 Dutchess County DSS
o 60 Market Street · Poughkeepsie, NY 12601-3299
o (845) 486-3000
o Website
 Erie County DSS

o Rath County Office Building · 95 Franklin Street, 8th Floor · Buffalo, NY
14202-3959
o (716) 858-8000
o Website
 Essex County DSS
o 7551 Court St.· PO Box 217 · Elizabethtown, NY 12932
o (518) 873-3441
o Website
 Franklin County DSS
o 355 West Main Street, Suite 331 · Malone, NY 12953
o (518) 483-6770
o Website
 Fulton County DSS
o 4 Daisy Lane · P.O. Box 549 · Johnstown, NY 12095
o (518) 736-5600
o Website
 Genesee County DSS
o 5130 East MainSt.· Suite #3 · Batavia, NY 14020-3497
o (585) 344-2580
o Website
 Greene County DSS
o 411 Main Street · P.O. Box 528 · Catskill, NY 12414-1716
o (518) 943-3200
o Website
 Hamilton County DSS
o White Birch Lane · P.O. Box 725 · Indian Lake, NY 12842-0725

o (518) 648-6131
o Website
 Herkimer County DSS
o 301 North Washington Street ·Site 2110 · Herkimer, NY 13350
o (315) 867-1222
o Website
 Jefferson County DSS
o Human Services Building · 250 Arsenal Street · Watertown, NY 13601
o (315) 782-9030
o Website
 Lewis County DSS
o Outer Stowe Street · P.O. Box 193 · Lowville, NY 13367
o (315) 376-5400
o Website
 Livingston County DSS
o 3 Murray Hill Drive · Mt. Morris, NY 14510-1699
o (585) 243-7300
o Website
 Madison County DSS
o North Court St. · P.O. Box 637 · Wampsville, NY 13163
o (315) 366-2211
o Website
 Monroe County DSS
o 111 Westfall Road - Room 660 · Rochester, NY 14620-4686
o (585) 274-6000
o Website
 Montgomery County DSS
o County Office Building · P.O. Box745 · Fonda, NY 12068
o (518) 853-4646
o Website
 Nassau County DSS
o 60 Charles Lindbergh Blvd · Uniondale, NY 11553-3656
o (516) 571-4444
o Website
 NYC Administration for Children's Services
o 150 William St. 18th Fl. · New York, NY 10038
o (212) 341-0900
o Website
 Manhattan Field Office
 Application Unit
 150 William Street - 3rd Floor, New York, NY 10038
 Brooklyn Field Office
 1274 Bedford Avenue- 2nd Floor, Brooklyn, NY 11216
 Queens Field Office
 165-15 Archer Avenue- 3rd Floor, Jamaica, NY 11433
 Staten Island Field Office
 350 St. Mark's Place- 3rd Floor, Staten Island, NY 10301
 Bronx Field Office
 192 E 151st Street, Bronx, NY 10451
 Niagara County DSS
o 20 East Avenue, P.O. Box 506 · Lockport, NY 14095-0506
o (716) 439-7600
o Website
 Oneida County DSS
o County Office Building
o 800 Park Avenue, Utica, NY 13501-2981
o (315) 798-5733
o Website
 Onondaga County DSS
o Onondaga Co. Civic Center
o 421 Montgomery Street · Syracuse, NY 13202-2923
o (315) 435-2985
o Website
 Ontario County DSS
o 3010 County Complex Drive · Canandaigua, NY 14424-1296
o (585) 396-4060 or Toll-Free (877) 814-6907
o Website
 Orange County DSS
o 11 Quarry Road, Box Z · Goshen, NY 10924-0678
o (845) 291-4000
o Website
 Orleans County DSS
o 14016 Route 31 West · Albion, NY 14411-9365
o (585) 589-7000
o Website
 Oswego County DSS
o 100 Spring Street · Mexico, NY 13114
o (315) 963-5000
o Website
 Otsego County DSS
o 197 Main Street · Cooperstown, NY 13326-1196
o (607) 547-4355
o Website
 Putnam County DSS
o 110 Old Route Six Center, Building #2 · Carmel, NY 10512-2110
o (845) 225-7040
o Website
 Rensselaer County DSS
o 133 Bloomingrove Drive · Troy, NY 12180-8403
o (518) 283-2000
o Website
 Rockland County DSS
o Building L · Sanatorium Road · Pomona, NY 10970
o (845) 364-3100
o Website
 Saint Regis Mohawk Tribe Human Services Division
o 412 State Route 37 · Akwesasne, NY 13655
o (518) 358-2209
o Website
 Saratoga County DSS
o 152 West High Street · Ballston Spa, NY 12020
o (518) 884-4140
o Website
 Schenectady County DSS
o 487 Nott Street · Schenectady, NY 12308
o (518) 388-4470
o Website
 Schoharie County DSS
o County Office Building · P.O. Box 687 · Schoharie, NY 12157
o (518) 295-8334
o Website
 Schuyler County DSS
o 105 Ninth Street · Watkins Glen, NY 14891
o (607) 535-8303
o Website
 Seneca County DSS
o 1 DiPronio Drive · P.O. Box 690 · Waterloo, NY 13165-0690
o (315) 539-1800
o Website
 Steuben County DSS
o 3 East Pulteney Square · Bath, NY 14810
o (607) 776-7611
o Website
 St. Lawrence County DSS

o Harold B. Smith County Office Building
o 6 Judson Street · Canton, NY 13617-1197
o (315) 379-2111
o Website
 Suffolk County DSS
o P.O. Box 18100 · Hauppauge, NY 11788-8900
o (631) 854-9700
o Website
 Sullivan County DSS
o 16 Community Lane · P.O. Box 231 · Liberty, NY 12754
o (845) 292-0100
 Tioga County DSS
o P.O. Box 240 · Owego, NY 13827
o (607) 687-8300
o Website
 Tompkins County DSS
o 320 West State Street · Ithaca, NY. 14850
o (607) 274-5252
o Website
 Ulster County DSS
o 1061 Development Court · Kingston, NY 12401-1959
o (845) 334-5000
o Website
 Warren Co. Municipal Center
o 1340 State Route 9, Lake George, NY 12845-9803
o (518) 761-6300
o Website
 Washington County DSS
o Municipal Building
o 383 Broadway · Fort Edward, NY 12828
o (518) 746-2300
o Website
 Wayne County DSS
o 77 Water Street · P.O. Box 10 · Lyons, NY 14489-0010
o (315) 946-4881
o Website
 Westchester County DSS
o County Office Building #2
o 112 East Post Road · White Plains, NY 10601-5113
o (914) 995-5000
o Website
 Wyoming County DSS
o 466 North Main Street · Warsaw, NY 14569-1080
o (716) 786-8900
o Website
 Yates County DSS
o County Office Building · 417 Liberty Street, Suite 2122, Penn Yan, NY
14527
o 1-800-342-3720 or (315)536-5100
o Website
Other Resources
 Return to Menu
 Administration for Children & Families — Website
o The Administration for Children and Families (ACF) is a federal agency

funding state, territory, local, and tribal organizations to provide family
assistance (welfare), child support, childcare, Head Start, child welfare,
and other programs relating to children and families.
 ACF – Children’s Bureau Express — Website
o The Children's Bureau Express is designed for professionals concerned

with child abuse and neglect, child welfare, and adoption. The Children's
Bureau Express is supported by the Children's Bureau, Administration for
Children and Families, U.S. Department of Health and Human Services
and published by the National Clearinghouse on Child Abuse and Neglect
Information and the National Adoption Information Clearinghouse.
 Annie E. Casey Foundation — Website
o Since 1948, the Annie E. Casey Foundation (AECF) has worked to build
better futures for disadvantaged children and their families in the United
States. The primary mission of the Foundation is to foster public policies,
human service reforms, and community supports that more effectively
meet the needs of today's vulnerable children and families.
 Child Abuse Reporting — Website
o Monroe County Health and Human Services maintains a Website

dedicated to learning about preventing and reporting child abuse.
 Child Welfare League of America — Website
o The Child Welfare League of America is the nation's oldest and largest
membership-based child welfare organization. It is committed to engaging
people everywhere in promoting the well-being of children, youth, and
their families, and protecting every child from harm.
 Child Welfare Institute — Website
o This organization's mission is to provide information, ideas, and guidance

in the field of child welfare training and organizational development
consultation.
 National Children's Alliance — Website
o The National Children's Alliance is a group of 53 national organizations

with an interest in the well-being of children and youth.
 National Data Archive on Child Abuse & Neglect — Website
o A resource since 1988, NDACAN promotes scholarly exchange among

researchers in the child maltreatment field. NDACAN acquires microdata
from leading researchers and national data collection efforts and makes
these datasets available to the research community for secondary analysis.
 New York State Office for Children and Family Services —Website
o A variety of resource information related to child abuse and

maltreatment/neglect specific to New York State.
 U.S. Department of Health and Human Services — Website
o A wide variety of resources is available on the home page of this federal

agency.
List of Attached Resources
 Return to Menu
 Form LDSS-2221A
 Frequently Asked Questions
 Social Services Law
 False Reporting Statutes
 Family Court Act
 Penal Law
Form LDSS-2221A
Download the LDSS-2221A PDF Form here
Frequently Asked Questions

How and where do I report child abuse and/or maltreatment?
 Reports of suspected child abuse or maltreatment should be made immediately -- at

any time of the day and on any day of the week -- by telephone to the New York
Statewide Central Register of Child Abuse and Maltreatment (sometimes referred
to as the State Central Register or SCR). The telephone numbers are:
o Child Abuse Hotline Number: 1-800-342-3720

 The Child Protective Specialist who answers your call will ask you for as much
information as you can provide about both the suspected abuse or maltreatment
and the family about which you are calling. Below are examples of some questions
the Child Protective Specialist might ask you when you call. Even if you have very
little information available to you, please call the SCR. The specialists will analyze
the information you do have and determine if it is sufficient to register a report.
o What is the nature and extent of the child's injuries, or the risk of harm to
the child?
o Have there been any prior suspicious injuries to this child or his/ her
siblings?
o What is the child's name, home address, and age?
o What is the name and address of the parent or other person legally
responsible who caused the injury, or created the risk of harm to the child?
o What are the names and addresses of the child's siblings and parents if
different from the information provided above?
o Do you have any information regarding the treatment of the child, or the
child's current whereabouts?
Where can I find the laws pertaining to Child Protective Services and Social Services?
 There are two bodies of law in New York State that deal with child abuse and
maltreatment in a familial context. They are the Social Services Law (SSL) and the
Family Court Act (FCA). Further, some acts of child abuse and maltreatment are
also crimes. For more information on the crimes associated with child abuse and
maltreatment, you should contact your local police or district attorney's office or
refer to the Penal Law.
 Title Six of Article Six of the Social Services Law, specifically Sections 411-428,
define child abuse and maltreatment. The law also outlines the roles and
responsibilities of the Office of Children and Family Services (OCFS) and Local
Departments of Social Services (LDSS) regarding investigations, outcomes and
records related to such.
 Article 10 of the Family Court Act, specifically section 1012 of the FCA, further
defines child abuse, maltreatment and other key terms commonly used in
investigations and reports.
 Both these sections of law can be found at the New York State Legislature website.
Choose the link "Laws of New York," and scroll down to the "S" section for Social
Services Law.
 Then look for Title Six of Article Six.

 A similar process will allow you to find the relevant sections of the Family Court
Act.
What is HIPAA and does it affect or limit my responsibility as a mandated reporter of

suspected child abuse or maltreatment?
 HIPAA stands for the Health Insurance Portability and Accountability Act of 1996.
The privacy provisions contained in this regulation do not affect the responsibilities
of mandated reporters, as they are defined in the New York State Social Services
Law.
 Information concerning the provisions of HIPAA may be found here.
What happens after I make a report?
 The Child Protective Service (CPS) unit of the local department of social services is
required to begin an investigation of each report within 24 hours. The investigation
should include an evaluation of the safety of the child named in the report and any
other children in the home, and a determination of the risk to the children if they
continue to remain in the home.
 CPS may take a child into protective custody if it is necessary for the protection
from further abuse or maltreatment. Based upon an assessment of the
circumstances, CPS may offer the family appropriate services. The CPS caseworker
has the obligation and authority to petition the Family Court to mandate services
when they are necessary for the care and protection of a child.
 CPS has 60 days after receiving the report to determine whether the report is
"indicated" or "unfounded." The law requires CPS to provide written notice to the
parents or other subjects of the report concerning the rights accorded to them by
the New York State Social Services Law. The CPS investigator will also inform the
SCR of the determination of the investigation.
What does the language that amends SSL §415 regarding mandated reporters and the
provision of records mean?
 Chapter 3 provides that:
o 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.
 This language is not intended to be an expansion of a mandated reporters current

obligations under the existing language of SSL §415. Under current law, if a
mandated reporter has reasonable cause to suspect that a child coming before him
or her in his or her professional/official capacity is an abused or maltreated child,
he or she must immediately report such suspicion to the Statewide Central Register
of Child Abuse and Maltreatment. SSL §§413, 415.
 Since the passage of the federal HIPAA, confusion has arisen regarding the
obligation of a mandated reporter to provide copies of written records that underlie
the report. The intent of the amendment is to make clear that the mandated
reporters obligation also extends to the provision of the records necessary to
investigate the report, as has always been the case.
Regarding the requirement that mandated reporters provide records needed for a CPS
investigation irrespective of HIPAA constraints: Does this only apply when the records are
controlled by the mandated reporter who is the source of the report, or any mandated
reporter that has had contact with the subject family?
 The amendment to SSL §415 only applies to the records of the mandated reporter
who was the source of the report of suspected child abuse or maltreatment.
However, for a mandated reporter employed by an institution, this requirement
applies to all of the records of the institution that pertain to the report regardless of
who actually made the report.
 Additionally, the records that CPS requests should be limited only to information
that directly pertains to the report itself.
Who decides what information pertaining to the report is "essential for a full
investigation" and therefore must be provided to CPS: the mandated reporter or CPS?
 In the first instance, the mandated reporter to whom the request is directed makes
the determination of what information is essential. If CPS believes that the
mandated reporter has additional essential information pertaining to the report,
CPS should ask the mandated reporter for the additional records and attempt to
come to agreement regarding any additional records. If CPS and the mandated
reporter cannot come to agreement and CPS disagrees with the mandated
reporter's rationale for why the records are not relevant to the report, CPS may seek
a court order pursuant to Civil Practice Law and Rules (CPLR) Article 31 and SSL
§415 directing the mandated reporter to produce the essential information.
Do the amendments to SSL §415 apply where a mandated reporter (e.g. mental health
therapist or domestic violence service provider) makes the report based on information
disclosed by a parent who is not alleged to be the subject and the mandated reporter only
has additional information concerning such allegedly non-offending parent?
 Where the reporter has no other records or other additional information pertaining
to the allegations contained in the report other than the portion of the records
relating to the information disclosed by the parent not alleged to be the subject, the
amendments to Section 415 of the SSL would not apply. Nothing in the
amendments suggests that the reporter provide information about, for example, the
mental health services being received by the non-subject parent, unless that
information is determined by the reporter to be essential in supporting the
information contained in the report.
Must the mandated reporter receive written consent from the parent(s) in order to provide
CPS with the additional essential information?
 The statutory amendments do not require written consent and are intended to
promote CPS getting the needed supplemental information that supports the initial
report. However, good practice would dictate seeking the consent, or notifying the
parent(s) that such essential information is being (and is required to be) shared,
unless the child's health or safety would be put at risk by notifying the parent(s). If
the parent does not consent, however, the mandated reporter must still provide the
information.
Social Services Law

SSL § 412
I. When used in this title and unless the specific context indicates otherwise:
 1. An "abused child" means:
o (a) a child under eighteen years of age defined as an abused child by the
family court act;
o (b) a child under the age of eighteen years who is defined as an abused
child in residential care pursuant to subdivision eight of this section; or
o (c) a child with a handicapping condition, as defined in subdivision one of

section forty-four hundred one of the education law, who is eighteen years
of age or older, is in residential care in a school or facility described in
paragraph (c), (d), (e) or (f) of subdivision seven of this section, and is
defined as an abused child pursuant to subdivision eight of this section;
provided that such term shall include a pupil with a handicapping
condition in residential care in such a school or facility which is defined as
an abused child pursuant to subdivision eight of this section, is twenty-one
years of age, and is entitled, pursuant to subdivision five of section forty-
four hundred two of the education law, to remain in such school or facility
until either the termination of the school year or the termination of the
summer program, as applicable;
 2. A "maltreated child" includes:

o (a) a child under eighteen years of age not in "residential care" as defined
in subdivision seven of this section:
 (i) defined as a neglected child by the family court act, or
 (ii) who has

had serious physical injury inflicted upon him by other
than accidental means; or
o (b) a child in residential care as defined in subdivision seven of this section

who is: (i) under eighteen years of age, except that a child with a
handicapping condition, as defined in subdivision one of section forty-four
hundred one of the education law, who is eighteen years of age or older, is
in residential care in a school or facility described in paragraph (c), (d), (e)
or (f) of subdivision seven of this section, provided that such term shall
include a pupil with a handicapping condition in residential care in such a
school or facility who is twenty-one years of age, and is entitled, pursuant
to subdivision five of section forty-four hundred two of the education law,
to remain in such school or facility until either the termination of the
school year or the termination of the summer program, as applicable;
and(ii) is a neglected child in residential care as defined in subdivision
nine of this section;
 3. "Person legally responsible" for a child means a person legally

responsible as defined by the family court act;
 4. "Subject of the report" means any parent of, guardian of, custodian of or other
person eighteen years of age or older legally responsible for, as defined in
subdivision (g) of section one thousand twelve of the family court act, a child
reported to the central register of child abuse and maltreatment who is allegedly
responsible for causing injury, abuse or maltreatment to such child or who allegedly
allows such injury, abuse or maltreatment to be inflicted on such child, or a director
or an operator of or employee or volunteer in a home operated or supervised by an
authorized agency, the division for youth, or an office of the department of mental
hygiene or in a family day-care home, a day-care center, a group family day care
home or a day-services program, or a consultant or any person who is an employee
or volunteer of a corporation, partnership, organization or any governmental entity
which provides goods or services pursuant to a contract or other arrangement
which provides for such consultant or person to have regular and substantial
contact with children in residential care who is allegedly responsible for causing
injury, abuse or maltreatment to a child who is reported to
II. the central register of child abuse or maltreatment or who allegedly allows such injury,
abuse or maltreatment to be inflicted on such child;
 5. "Other persons named in the report" shall mean and be limited to the following
persons who are named in a report of child abuse or maltreatment other than the
subject of the report: the child who is reported to the central register of child abuse
and maltreatment; and such child's parent, guardian, custodian or other person
legally responsible for the child who have not been named in the report as allegedly
responsible for causing injury, abuse or maltreatment to the child or as allegedly
allowing such injury, abuse or maltreatment to be inflicted on such child; in the
case of a report involving abuse or maltreatment of a child in residential care, such
term shall be deemed to include the child's parent, guardian or other person legally
responsible for the child who is not named in such report;
 6. "Custodian" means a director, operator, employee or volunteer of a residential

care facility or program;
 7. "Residential care" means:
o (a) care provided to a child who has been placed by the family court with a
social services official or the state division for youth, or whose care and
custody or custody and guardianship has been transferred or committed
to, a social services official, another authorized agency, or the state
division for youth and such care is provided in an agency operated
boarding home, a group home or child care institution;
o (b) care provided a child in a facility or program operated or certified by

the state division for youth pursuant to article nineteen-G or nineteen-H of
the executive law, excluding foster family care;
o (c) care provided a child in the New York state school for the blind or the
New York state school for the deaf, pursuant to the provisions of articles
eighty-seven and eighty-eight of the education law;
o (d) care provided a child in a private residential school which is within the
state and which has been approved by the commissioner of education for
special education services or programs;
o (e) care provided in institutions for the instruction of the deaf and the
blind which have a residential component, and which are subject to the
visitation of the commissioner of education pursuant to article eighty-five
of the education law;
o (f) care provided through a residential placement of a child with a special

act school district listed in chapter five hundred sixty-six of the laws of
nineteen hundred sixty-seven, as amended; or
o (g) care provided a child in a residential facility licensed or operated by the

office of mental health or the office of mental retardation and
developmental disabilities, excluding family care homes;
o (h) care provided by an authorized agency licensed to provide both care

enumerated in paragraph (a) of this subdivision and care provided a child
in a residential facility licensed or operated by the office of mental health
or the office of mental retardation and developmental disabilities,
excluding family care homes.
 8. "Abused child in residential care" means a child whose custodian:
o (a)
 (i) inflicts
any injury upon such child by other than accidental
means which causes death, serious or protracted disfigurement,
serious or protracted impairment of physical health, serious or
protracted loss or impairment of the function of any organ, or a
serious emotional injury; or
 (ii) by their conduct and withknowledge or deliberate indifference

allows any such injury to be inflicted upon such child; or
o (b)
 (i) createsa substantial risk of any injury to such child by other than
accidental means which would be likely to cause death or serious
or protracted disfigurement, protracted impairment of physical
health, protracted loss or impairment of the function of any
organ, or a serious emotional injury; or
 (ii) by his or her conduct and withknowledge or deliberate

indifference creates a substantial risk of such injury to such child;
or
 9. commits, promotes or knowingly permits the commission of a sex offense against

such child, as described in article one hundred thirty of the penal law; allows,
permits or encourages such child to engage in any act described in article two
hundred thirty of the penal law; commits any of the acts described in sections
255.25, 255.26, and 255.27 of the penal law; or allows or promotes or uses such
child to engage in acts or conduct described in article two hundred sixty-three of
the penal law, provided, however, that
o (a) the corroboration requirements in the penal law and
o (b) the age requirements for the application of articles one hundred thirty,
two hundred thirty and two hundred sixty-three of such law and any age-
based element of any crime described therein shall not apply to the
provisions of this title; or
 10. fails to comply with a rule or regulation involving care, services or supervision
of a child promulgated by a state agency operating, certifying or supervising a
residential facility or program, and such failure to comply results in death, serious
or protracted disfigurement, serious or protracted impairment of physical health,
or serious or protracted loss or impairment of the function of any organ where such
result was reasonably foreseeable.
 11. "Neglected child in residential care" means a child whose custodian:

o (a) inflicts by act or omission physical injury, excluding minor injury, to
such child by other than accidental means;
o (b) creates a substantial risk of physical injury, excluding minor injury, to

such child by other than accidental means; or
o (c) fails to comply with a rule or regulation involving care, services or

supervision of a child promulgated by a state agency operating, certifying,
or supervising a residential facility or program, and such failure to comply
results in physical injury, excluding minor injury, or serious emotional
injury to such child where such result was reasonably foreseeable; or
o (d) fails to meet a personal duty imposed by an agreed upon plan of

prevention and remediation pursuant to this chapter or the mental
hygiene law, the executive law or the education law, arising from abuse or
neglect of a child in residential care and such failure results in physical
injury, excluding minor injury, or serious emotional injury or the risk
thereof to the child; or
o (e) intentionally administers to the child any prescription drug other than
in substantial compliance with a physician's, physician's assistant's or
nurse practitioner's prescription.
 12. "Institutionally neglected child in residential care" means a child whose health,
safety or welfare is harmed or placed in imminent danger of harm as a result of a
lack of compliance with applicable standards of the state agency operating,
certifying or supervising such facility or program for the care and treatment of such
child or an agreed upon plan of prevention and remediation pursuant to this
chapter or the mental hygiene law, the executive law or the education law, arising
from abuse or neglect of a child in residential care, including, but not limited to, the
provision of supervision, food, clothing, shelter, education, medical, dental,
optometric or surgical care.
 13. An "unfounded report" means any report made pursuant to this title unless an
investigation determines that some credible evidence of the alleged abuse or
maltreatment exists;
 14. An "indicated report" means a report made pursuant to this title if an

investigation determines that some credible evidence of the alleged abuse or
maltreatment exists.
 15. "Substance abuse counselor" or "alcoholism counselor" means any person who
has been issued a credential therefore by the office of alcoholism and substance
abuse services, pursuant to paragraphs one and two of subdivision (d) of section
19.07 of the mental hygiene law.
SSL§413
Persons and officials required to report cases of suspected child abuse or maltreatment.
 (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;
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; social services
worker; 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 defined in
subdivision four of section four hundred twelve-a of this title 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; 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 or section
45.07 of the mental hygiene law.
 (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.
 11. 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.
 12. 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.
 13. 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.
SSL §415
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 in residential care, as
defined in subdivision four of section four hundred twelve-a of this title, or being cared for in a
home operated or supervised by an authorized agency, office of children and family services, or
an office of the department of mental hygiene, 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 paragraph (a) or (c) of subdivision eleven of section
four hundred twenty two or section four hundred twenty-four-b of this title, as applicable.
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 residential care facility or
program in which the child resides or 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.
SSL §416
Any person or official required to report cases of suspected child abuse and maltreatment may
take or cause to be taken at public expense photographs of the areas of trauma visible on a child
who is subject to a report and, if medically indicated, cause to be performed a radiological
examination on the child. Any photographs or x-rays taken shall be sent to the child protective
service at the time the written report is sent, or as soon thereafter as possible. Whenever such
person is required to report under this title in his capacity as a member of the staff of a medical
or other public or private institution, school, facility, or agency, he shall immediately notify the
person in charge of such institution, school, facility or agency, or his designated agent, who shall
then take or cause to be taken at public expense color photographs of visible trauma and shall, if
medically indicated, cause to be performed a radiological examination on the child.
SSL §419
Any person, official, or institution participating in good faith in the providing of a service
pursuant to section four hundred twenty-four of this title, the making of a report, the taking of
photographs, the removal or keeping of a child pursuant to this title, or the disclosure of child
protective services information in compliance with sections twenty, four hundred twenty-two and
four hundred twenty-two-a of this chapter shall have immunity from any liability, civil or
criminal, that might otherwise result by reason of such actions. For the purpose of any
proceeding, civil or criminal, the good faith of any such person, official, or institution required to
report cases of child abuse or maltreatment or providing a service pursuant to section four
hundred twenty-four or the disclosure of child protective services information in compliance
with sections twenty, four hundred twenty-two and four hundred twenty-two-a of this chapter
shall be presumed, provided such person, official or institution was acting in discharge of their
duties and within the scope of their employment, and that such liability did not result from the
willful misconduct or gross negligence of such person, official or institution.
SSL §420
 1. Any person, official or institution required by this title to report a case of

suspected child abuse or maltreatment who willfully fails to do so shall be guilty of
a class A misdemeanor.
 2. Any person, official or institution required by this title to report a case of

suspected child abuse or maltreatment who knowingly and willfully fails to do so
shall be civilly liable for the damages proximately caused by such failure.
SSL §422
 1. There shall be established in the department a statewide central register of child

abuse and maltreatment reports made pursuant to this title.
 2.
o (a) The central register shall be capable of receiving telephone calls

alleging child abuse or maltreatment and of immediately identifying prior
reports of child abuse or maltreatment and capable of monitoring the
provision of child protective service twenty-four hours a day, seven days a
week. To effectuate this purpose, but subject to the provisions of the
appropriate local plan for the provision of child protective services, there
shall be a single statewide telephone number that all persons, whether
mandated by the law or not, may use to make telephone calls alleging child
abuse or maltreatment and that all persons so authorized by this title may
use for determining the existence of prior reports in order to evaluate the
condition or circumstances of a child. In addition to the single statewide
telephone number, there shall be a special unlisted express telephone
number and a telephone facsimile number for use only by persons
mandated by law to make telephone calls, or to transmit telephone
facsimile information on a form provided by the commissioner, alleging
child abuse or maltreatment, and for use by all persons so authorized by
this title for determining the existence of prior reports in order to evaluate
the condition or circumstances of a child. When any allegations contained
in such telephone calls could reasonably constitute a report of child abuse
or maltreatment, such allegations shall be immediately transmitted orally
or electronically by the department to the appropriate local child
protective service for investigation. The inability of the person calling the
register to identify the alleged perpetrator shall, in no circumstance,
constitute the sole cause for the register to reject such allegation or fail to
transmit such allegation for investigation. If the records indicate a
previous report concerning a subject of the report, the child alleged to be
abused or maltreated, a sibling, other children in the household, other
persons named in the report or other pertinent information, the
appropriate local child protective service shall be immediately notified of
the fact, except as provided in subdivision eleven of this section. If the
report involves either (i) suspected physical injury as described in
paragraph (i) of subdivision (e) of section ten hundred twelve of the family
court act or sexual abuse of a child or the death of a child or (ii) suspected
maltreatment which alleges any physical harm when the report is made by
a person required to report pursuant to section four hundred thirteen of
this title within six months of any other two reports that were indicated, or
may still be pending, involving the same child, sibling, or other children in
the household or the subject of the report, the department shall identify
the report as such and note any prior reports when transmitting the report
to the local child protective services for investigation.
o (b) Any telephone call made by a person required to report cases of

suspected child abuse or maltreatment pursuant to section four hundred
thirteen of this chapter containing allegations, which if true would
constitute child abuse or maltreatment shall constitute a report and shall
be immediately transmitted orally or electronically by the department to
the appropriate local child protective service for investigation.
o (c) Whenever a telephone call to the statewide central register described in

this section is received by the department, and the department finds that
the person allegedly responsible for abuse or maltreatment of a child
cannot be a subject of a report as defined in subdivision four of section
four hundred twelve of this chapter, but believes that the alleged acts or
circumstances against a child described in the telephone call may
constitute a crime or an immediate threat to the child's health or safety,
the department shall convey by the most expedient means available the
information contained in such telephone call to the appropriate law
enforcement agency, district attorney or other public official empowered
to provide necessary aid or assistance.
o (d) A telephone call made to the statewide central register described in this
section alleging facts that support a finding of the institutional neglect of a
child in residential care pursuant to subdivision ten of section four
hundred twelve of this article and that, if true, clearly could not support a
finding that the child is an abused or neglected child in residential care,
shall not constitute a report, and shall immediately be transmitted to the
state agency responsible for the operation or supervision of the residential
facility or program and, in the case of a facility operated or certified by an
office of the state department of mental hygiene, to the state commission
on quality of care for the mentally disabled, for appropriate action.
 3. The central register shall include but not be limited to the following information:
all the information in the written report; a record of the final disposition of the
report, including services offered and services accepted; the plan for rehabilitative
treatment; the names and identifying data, dates and circumstances of any person
requesting or receiving information from the register; and any other information
which the commissioner believes might be helpful in the furtherance of the
purposes of this chapter.
 4. (A) Reports made pursuant to this title as well as any other information obtained,
reports written or photographs taken concerning such reports in the possession of
the department, local departments, or the commission on quality of care for the
mentally disabled, shall be confidential and shall only be made available to:
o (z) an entity with appropriate legal authority in another state to license,

certify or otherwise approve prospective foster and adoptive parents where
disclosure of information regarding the prospective foster or adoptive
parents and other persons over the age of eighteen residing in the home of
such prospective parents is required by paragraph twenty of subdivision
(a) of section six hundred seventy-one of title forty-two of the United
States code.
o (y) members of a citizen review panel as established pursuant to section

three hundred seventy-one-b of this article; provided, however, members
of a citizen review panel shall not disclose to any person or government
official any identifying information which the panel has been provided and
shall not make public other information unless otherwise authorized by
statute; and
o (x) members of a local or regional multidisciplinary investigative team as

established pursuant to subdivision six of section four hundred twenty-
three of this title;
o (w) members of a local or regional fatality review team approved by the
office of children and family services in accordance with section four
hundred twenty-two-b of this title;
o (v)
 (i) officersand employees of the state comptroller or of the city

comptroller of the city of New York, or of the county officer
designated by law or charter to perform the auditing function in
any county not wholly contained within a city, for purposes of a
duly authorized performance audit, provided that such
comptroller shall have certified to the keeper of such records that
he or she has instituted procedures developed in consultation
with the department to limit access to client-identifiable
information to persons requiring such information for purposes
of the audit and that appropriate controls and prohibitions are
imposed on the dissemination of client-identifiable information
contained in the conduct of the audit. Information pertaining to
the substance or content of any psychological, psychiatric,
therapeutic, clinical or medical reports, evaluations or like
materials or information pertaining to such child or the child's
family shall not be made available to such officers and employees
unless disclosure of such information is absolutely essential to the
specific audit activity and the department gives prior written
approval.
 (ii) any failure to maintain the confidentiality of client-identifiable

information shall subject such comptroller or officer to denial of
any further access to records until such time as the audit agency
has reviewed its procedures concerning controls and prohibitions
imposed on the dissemination of such information and has taken
all reasonable and appropriate steps to eliminate such lapses in
maintaining confidentiality to the satisfaction of the office of
children and family services. The office of children and family
services shall establish the grounds for denial of access to records
contained under this section and shall recommend as necessary a
plan of remediation to the audit agency. Except as provided in
this section, nothing in this subparagraph shall be construed as
limiting the powers of such comptroller or officer to access
records which he or she is otherwise authorized to audit or obtain
under any other applicable provision of law. Any person given
access to information pursuant to this subparagraph who releases
data or information to persons or agencies not authorized to
receive such information shall be guilty of a class A misdemeanor;
o (u) A child care resource and referral program subject to the provisions of
subdivision six of section four hundred twenty-four-a of this title;
o (t) a law guardian, appointed pursuant to the provisions of section ten
hundred sixteen of the family court act, at any time such appointment is in
effect, in relation to any report in which the respondent in the proceeding
in which the law guardian has been appointed is the subject or another
person named in the report, pursuant to sections ten hundred thirty-nine-
a and ten hundred fiftytwo- a of the family court act;
o (s) a child protective service of another state when such service certifies
that the records and reports are necessary in order to conduct a child
abuse or maltreatment investigation within its jurisdiction of the subject of
the report and shall be used only for purposes of conducting such
investigation and will not be re-disclosed to any other person or agency;
o (r) in relation to a report involving a child in residential care, the director

or operator of the residential facility or program and, as appropriate, the
local social services commissioner or school district placing the child, the
division for youth, the department of education, the commission on
quality of care for the mentally disabled, the office of mental health, the
office of mental retardation and developmental disabilities, and any law
guardian appointed to represent the child whose appointment has been
continued by a family court judge during the term of the placement,
subject to the limitations contained in subdivisions nine and ten of this
section and subdivision five of section four hundred twenty-four-c of this
title;
o (q) a criminal justice agency conducting an investigation of a missing child

where there is reason to suspect such child or such child's sibling, parent,
guardian or other person legally responsible for such child is a person
named in an indicated report of child abuse or maltreatment and that such
information is needed to further such investigation;
o (p) a disinterested person making an investigation pursuant to section one

hundred sixteen of the domestic relations law, provided that such
disinterested person shall only make this information available to the
judge before whom the adoption proceeding is pending;
o (o) a provider or coordinator of services to which a child protective service

or social services district has referred a child or a child's family or to whom
the child or the child's family have referred themselves at the request of
the child protective service or social services district, where said child is
reported to the register when the records, reports or other information are
necessary to enable the provider or coordinator to establish and
implement a plan of service for the child or the child's family, or to
monitor the provision and coordination of services and the circumstances
of the child and the child's family, or to directly provide services; provided,
however, that a provider of services may include appropriate health care or
school district personnel, as such terms shall be defined by the
department; provided however, a provider or coordinator of services given
access to information concerning a child pursuant to this subparagraph (o)
shall, notwithstanding any inconsistent provision of law, be authorized to
re-disclose such information to other persons or agencies which also
provide services to the child or the child's family only if the consolidated
services plan prepared and approved pursuant to section thirty-four-a of
this chapter describes the agreement that has been or will be reached
between the provider or coordinator of service and the local district. An
agreement entered into pursuant to this subparagraph shall include the
specific agencies and categories of individuals to whom re-disclosure by
the provider or coordinator of services is authorized. Persons or agencies
given access to information pursuant to this subparagraph may exchange
such information in order to facilitate the provision or coordination of
services to the child or the child’s family;
o (n) chief executive officers of authorized agencies, directors of day care

centers and directors of facilities operated or supervised by the
department of education, the division for youth, the office of mental health
or the office of mental retardation and developmental disabilities, in
connection with a disciplinary investigation, action, or administrative or
judicial proceeding instituted by any ofsuch officers or directors against an
employee of any such agency, center or facility who is the subject of an
indicated report when the incident of abuse or maltreatment contained in
the report occurred in the agency, center, facility or program, and the
purpose of such proceeding is to determine whether the employee should
be retained or discharged; provided, however, a person given access to
information pursuant to this subparagraph (n) shall, notwithstanding any
inconsistent provision of law, be authorized to redisclose such information
only if the purpose of such re-disclosure is to initiate or present evidence
in a disciplinary, administrative or judicial proceeding concerning the
continued employment or the terms of employment of an employee of
such agency, center or facility who has been named as a subject of an
indicated report and, in addition, a person or agency given access to
information pursuant to this subparagraph (n) shall also be given
information not otherwise provided concerning the subject of an indicated
report where the commission of an act or acts by such subject has been
determined in proceedings pursuant to article ten of the family court act to
constitute abuse or neglect;
o (m) the New York city department of investigation provided however, that
no information identifying the subjects of the report or other persons
named in the report shall be made available to the department of
investigation unless such information is essential to an investigation
within the legal authority of the department of investigation and the state
department of social services gives prior approval;
o (l) a district attorney, an assistant district attorney or investigator

employed in the office of a district attorney, a sworn officer of the division
of state police, of the regional state park police, of a city police department,
or of a county, town or village police department or county sheriff's office
or department when such official requests such information stating that
such information is necessary to conduct a criminal investigation or
criminal prosecution of a person, that there is reasonable cause to believe
that such person is the subject of a report, and that it is reasonable to
believe that due to the nature of the crime under investigation or
prosecution, such person is the subject of a report, and that it is reasonable
to believe that due to that nature of the crime under investigation or
prosecution, such records may be related to the criminal investigation or
prosecution;
o (k) a probation service conducting an investigation pursuant to article

three or seven or section six hundred fifty-three of the family court act
where there is reason to suspect the child or the child's sibling may have
been abused or maltreated and such child or sibling, parent, guardian or
other person legally responsible for the child is a person named in an
indicated report of child abuse or maltreatment and that such information
is necessary for the making of a determination or recommendation to the
court; or a probation service regarding a person about whom it is
conducting an investigation pursuant to article three hundred ninety of the
criminal procedure law, or a probation service or the state division of
parole regarding a person to whom the service or division is providing
supervision pursuant to article sixty of the penal law or section two
hundred fifty-nine-a of the executive law, where the subject of
investigation or supervision has been convicted of a felony under article
one hundred twenty, one hundred twenty-five or one hundred thirty-five
of the penal law or any felony or misdemeanor under article one hundred
thirty, two hundred thirty-five, two hundred forty-five, two hundred sixty
or two hundred sixty-three of the penal law, or has been indicted for any
such felony and, as a result, has been convicted of a crime under the penal
law, where the service or division requests the information upon a
certification that such information is necessary to conduct its
investigation, that there is reasonable cause to believe that the subject of
an investigation is the subject of an indicated report and that there is
reasonable cause to believe that such records are necessary to the
investigation by the probation service or the state division of parole,
provided, however, that only indicated reports shall be furnished pursuant
to this subdivision;
o (j) the state commission on quality of care for the mentally disabled in
connection with an investigation being conducted by the commission
pursuant to article forty-five of the mental hygiene law;
o (i) a provider agency as defined by subdivision three of section four

hundred twenty-four-a of this chapter, or a licensing agency as defined by
subdivision four of section four hundred twenty-four-a of this chapter,
subject to the provisions of such section;
o (h) any person engaged in a bona fide research purpose provided,

however, that no information identifying the subjects of the report or other
persons named in the report shall be made available to the researcher
unless it is absolutely essential to the research purpose and the
department gives prior approval;
o (g) any appropriate state legislative committee responsible for child

protective legislation;
o (f) a grand jury, upon a finding that the information in the record is
necessary for the determination of charges before the grand jury;
o (e) a court, upon a finding that the information in the record is necessary
for the determination of an issue before the court;
o (d) any person who is the subject of the report or other persons named in
the report;
o (c) a duly authorized agency having the responsibility for the care or
supervision of a child who is reported to the central register of abuse and
maltreatment;
o (b) a person authorized to place a child in protective custody when such

person has before him or her a child whom he or she reasonably suspects
may be abused or maltreated and such person requires the information in
the record to determine whether to place the child in protective custody;
o (a) a physician who has before him or her child whom he or she reasonably
suspects may be abused or maltreated;
After a child, other than a child in residential care, who is reported to the central register of abuse
or maltreatment reaches the age of eighteen years, access to a child's record under subparagraphs
(a) and (b) of this paragraph shall be permitted only if a sibling or offspring of such child is
before such person and is a suspected victim of child abuse or maltreatment. In addition, a person
or official required to make a report of suspected child abuse or maltreatment pursuant to section
four hundred thirteen of this chapter shall receive, upon request, the findings of an investigation
made pursuant to this title or section 45.07 of the mental hygiene law. However, no information
may be released unless the person or official's identity is confirmed by the department. If the
request for such information is made prior to the completion of an investigation of a report, the
released information shall be limited to whether the report is "indicated," "unfounded" or “under
investigation," whichever the case may be. If the request for such information is made after the
completion of an investigation of a report, the released information shall be limited to whether
the report is "indicated" or “unfounded," whichever the case may be. A person given access to
the names or other information identifying the subjects of the report, or other persons named in
the report, except the subject of the report or other persons named in the report, shall not divulge
or make public such identifying information unless he or she is a district attorney or other law
enforcement official and the purpose is to initiate court action, or the disclosure is necessary in
connection with the investigation or prosecution of the subject of the report for a crime alleged to
have been committed by the subject against another person named in the report. Nothing in this
section shall be construed to permit any release, disclosure or identification of the names or
identifying descriptions of persons who have reported suspected child abuse or maltreatment to
the statewide central register or the agency, institution, organization, program or other entity
where such persons are employed or the agency, institution, organization or program with which
they are associated without such persons' written permission except to persons, officials, and
agencies enumerated in subparagraphs (e), (f), (h), (j), (l), (m) and (v) of this paragraph.
To the extent that persons or agencies are given access to information pursuant to subparagraphs
(a), (b), (c), (j), (k), (l), (m), (o) and (q) of this paragraph, such persons or agencies may give and
receive such information to each other in order to facilitate an investigation conducted by such
persons or agencies.
 (B)Notwithstanding any inconsistent provision of law to the contrary, a city or

county social services commissioner may withhold, in whole or in part, the release
of any information which he or she is authorized to make available to persons or
agencies identified in subparagraphs (a), (k), (l), (m), (n), (o), (p) and (q) of
paragraph (A) of this subdivision if such commissioner determines that such
information is not related to the purposes for which such information is requested
or when such disclosure will be detrimental to the child named in the report.
 (C) A city or county social services commissioner who denies access by persons or
agencies identified in subparagraphs (a), (k), (l), (m), (n), (o), (p) and (q) of
paragraph (A) of this subdivision to records, reports or other information or parts
thereof maintained by such commissioner in accordance with this title shall, within
ten days from the date of receipt of the request fully explain in writing to the person
requesting the records, reports or other information the reasons for the denial.
 (D) A person or agency identified in subparagraphs (a), (k), (l), (m), (n), (o), (p)
and (q) of paragraph (A) of this subdivision who is denied access to records, reports
or other information or parts thereof maintained by a local department pursuant to
this title may bring a proceeding for review of such denial pursuant to article
seventy-eight of the civil practice law and rules.
 5. (a) Unless an investigation of a report conducted pursuant to this title or

subdivision (c) of section 45.07 of the mental hygiene law determines that there is
some credible evidence of the alleged abuse or maltreatment, all information
identifying the subjects of the report and other persons named in the report shall be
legally sealed forthwith by the central register and any local child protective
services or the state agency which investigated the report. Such unfounded reports
may only be unsealed and made available:
o (i) to the office of children and family services for the purpose of
supervising a social services district;
o (ii) to the office of children and family services and local or regional
fatality review team members for the purpose of preparing a fatality report
pursuant to section twenty or four hundred twenty-two-b of this chapter;
o (iii) to a local child protective service, the office of children and family
services, all members of a local or regional multidisciplinary investigative
team, the commission on quality of care for the mentally disabled, or the
department of mental hygiene, when investigating a subsequent report of
suspected abuse or maltreatment involving a subject of the unfounded
report, a child named in the unfounded report, or a child’s sibling named
in the unfounded report;
o (iv) to the subject of the report; and
o (v) to a district attorney, an assistant district attorney, an investigator

employed in the office of a district attorney, or to a sworn officer of the
division of state police, of a city, county, town or village police department
or of a county sheriff's office when such official verifies that the report is
necessary to conduct an active investigation or prosecution of a violation
of subdivision three of section 240.55 of the penal law.
 (b) Persons given access to unfounded reports pursuant to subparagraph (v) of

paragraph (a) of this subdivision shall not re-disclose such reports except as
necessary to conduct such appropriate investigation or prosecution and shall
request of the court that any copies of such reports produced in any court
proceeding be redacted to remove the names of the subjects and other persons
named in the reports or that the court issue an order protecting the names of the
subjects and other persons named in the reports from public disclosure. The local
child protective service or state agency shall not indicate the subsequent report
solely based upon the existence of the prior unfounded report or reports.
Notwithstanding section four hundred fifteen of this title, section one thousand
forty-six of the family court act, or, except as set forth herein, any other provision of
law to the contrary, an unfounded report shall not be admissible in any judicial or
administrative proceeding or action; provided, however, an unfounded report may
be introduced into evidence:
o (i) by the subject of the report where such subject is a respondent in a

proceeding under article ten of the family court act or is a plaintiff or
petitioner in a civil action or proceeding alleging the false reporting of
child abuse or maltreatment; or
o (ii) in a criminal court for the purpose of prosecuting a violation of

subdivision three of section 240.55 of the penal law. Legally sealed
unfounded reports shall be expunged ten years after the receipt of the
report. Whenever the office of children and family services determines that
there is some credible evidence of abuse or maltreatment as a result of an
investigation of a report conducted pursuant to subdivision (c) of section
45.07 of the mental hygiene law, the office of children and family services
shall notify the commission on quality of care for the mentally disabled.
 (c) Notwithstanding any other provision of law, the office of children and family
services may, in its discretion, grant a request to expunge an unfounded report
where:
o (i) the source of the report was convicted of a violation of subdivision three
of section 240.55 of the penal law in regard to such report; or
o (ii) the subject of the report presents clear and convincing evidence that
affirmatively refutes the allegation of abuse or maltreatment; provided
however, that the absence of credible evidence supporting the allegation of
abuse or maltreatment shall not be the sole basis to expunge the report.
Nothing in this paragraph shall require the office of children and family
services to hold an administrative hearing in deciding whether to expunge
a report. Such office shall make its determination upon reviewing the
written evidence submitted by the subject of the report and any records or
information obtained from the state or local agency which investigated the
allegations of abuse or maltreatment.
 * 5-a. Upon notification from a local social services district, that a report is part of
the family assessment and services track pursuant to subparagraph (i) of paragraph
(c) of subdivision four of section four hundred twenty-seven-a of this title, the
central register shall forthwith identify the report as an assessment track case and
legally seal such report.
* NB Repealed June 1, 2011
 6. In all other cases, the record of the report to the central register shall be
expunged ten years after the eighteenth birthday of the youngest child named in the
report. In the case of a child in residential care as defined in subdivision seven of
section four hundred twelve of this chapter, the record of the report to the central
register shall be expunged ten years after the reported child's eighteenth birthday.
In any case and at any time, the commissioner may amend any record upon good
cause shown and notice to the subjects of the report and other persons named in
the report.
 7. At any time, a subject of a report and other persons named in the report may
receive, upon request, a copy of all information contained in the central register;
provided, however, that the commissioner is authorized to prohibit the release of
data that would identify the person who made the report or who cooperated in a
subsequent investigation or the agency, institution, organization, program or other
entity where such person is employed or with which he is associated, which he
reasonably finds will be detrimental to the safety or interests of such person.
 8.
o (a)
 (i) At any time subsequent to the completion of the investigation

but in no event later than ninety days after the subject of the
report is notified that the report is indicated the subject may
request the commissioner to amend the record of the report. If
the commissioner does not amend the report in accordance with
such request within ninety days of receiving the request, the
subject shall have the right to a fair hearing, held in accordance
with paragraph (b) of this subdivision, to determine whether the
record of the report in the central register should be amended on
the grounds that it is inaccurate or it is being maintained in a
manner inconsistent with this title.
 (ii) Upon receipt of a request to amend the record of a child abuse

and maltreatment report the department shall immediately send
a written request to the child protective service or the state
agency which was responsible for investigating the allegations of
abuse or maltreatment for all records, reports and other
information maintained by the service or state agency pertaining
to such indicated report. The service or state agency shall as
expeditiously as possible but within no more than twenty working
days of receiving such request, forward all records, reports and
other information it maintains on such indicated report to the
department. The department shall as expeditiously as possible
but within no more than fifteen working days of receiving such
materials from the child protective service or state agency, review
all such materials in its possession concerning the indicated
report and determine, after affording such service or state agency
a reasonable opportunity to present its views, whether there is
some credible evidence to find that the subject committed the act
or acts of child abuse or maltreatment giving rise to the indicated
report and whether, based on guidelines developed by the
department pursuant to subdivision five of section four hundred
twenty-four-a of this title, such act or acts could be relevant and
reasonably related to employment of the subject of the report by a
provider agency, as defined by subdivision three of section four
hundred twenty-four-a of this title, or relevant and reasonably
related to the subject of the report being allowed to have regular
and substantial contact with children who are cared for by a
provider agency, or relevant and reasonably related to the
approval or disapproval of an application submitted by the
subject of the report to a licensing agency, as defined by
subdivision four of section four hundred twenty-four-a of this
title.
 (iii) If it is determined at the review held pursuant to this paragraph
(a) that there is no credible evidence in the record to find that the
subject committed an act or acts of child abuse or maltreatment,
the department shall amend the record to indicate that the report
is "unfounded" and notify the subject forthwith.
 (iv) If it is determined at the review held pursuant to this paragraph

a) that there is some credible evidence in the record to find that
the subject committed such act or acts but that such act or acts
could not be relevant and reasonably related to the employment
of the subject by a provider agency or to the subject being allowed
to have regular and substantial contact with children who are
cared for by a provider agency or the approval or disapproval of
an application which could be submitted by the subject to a
licensing agency, the department shall be precluded from
informing a provider or licensing agency which makes an inquiry
to the department pursuant to the provisions of section four
hundred twenty-four-a of this title concerning the subject that the
person about whom the inquiry is made is the subject of an
indicated report of child abuse or maltreatment. The department
shall notify forthwith the subject of the report of such
determinations and that a fair hearing has been scheduled
pursuant to paragraph (b) of this subdivision. The sole issue at
such hearing shall be whether the subject has been shown by
some credible evidence to have committed the act or acts of child
abuse or maltreatment giving rise to the indicated report.
 (v) If it is determined at the review held pursuant to this paragraph

(a) that there is some credible evidence in the record to prove that
the subject committed an act or acts of child abuse or
maltreatment and that such act or acts could be relevant and
reasonably related to the employment of the subject by a provider
agency or to the subject being allowed to have regular and
substantial contact with children cared for by a provider agency
or the approval or disapproval of an application which could be
submitted by the subject to a licensing agency, the department
shall notify forthwith the subject of the report of such
determinations and that a fair hearing has been scheduled
pursuant to paragraph (b) of this subdivision.
o (b)
 (i) If the department, withinninety days of receiving a request from

the subject that the record of a report be amended, does not
amend the record in accordance with such request, the
department shall schedule a fair hearing and shall provide notice
of the scheduled hearing date to the subject, the statewide central
register and, as appropriate, to the child protective service or the
state agency which investigated the report.
 (ii) The burden of proof in such a hearing shall be on the child

protective service or the state agency which investigated the
report, as the case may be. In such a hearing, the fact that there is
a family court finding of abuse or neglect against the subject in
regard to an allegation contained in the report shall create an
irrebuttable presumption that said allegation is substantiated by
some credible evidence.
o (c)
 (i) If it is determined at the fair hearing that there is no credible

evidence in the record to find that the subject committed an act or
acts of child abuse or maltreatment, the department shall amend
the record to reflect that such a finding was made at the
administrative hearing, order any child protective service or state
agency which investigated the report to similarly amend its
records of the report, and shall notify the subject forthwith of the
determination.
 (ii) Upon a determination made at a fair hearing held on or after

January first, nineteen hundred eighty-six scheduled pursuant to
the provisions of subparagraph (v) of paragraph (a) of this
subdivision that the subject has been shown by some credible
evidence to have committed the act or acts of child abuse or
maltreatment giving rise to the indicated report, the hearing
officer shall determine, based on guidelines developed by the
department pursuant to subdivision five of section four hundred
twenty-four-a of this chapter, whether such act or acts are
relevant and reasonably related to employment of the subject by a
provider agency, as defined by subdivision three of section four
hundred twenty-four-a of this title, or relevant and reasonably
related to the subject being allowed to have regular and
substantial contact with children who are cared for by a provider
agency or relevant and reasonably related to the approval or
disapproval of an application submitted by the subject to a
licensing agency, as defined by subdivision four of section four
hundred twenty-four-a of this title. Upon a determination made
at a fair hearing that the act or acts of abuse or maltreatment are
relevant and reasonably related to employment of the subject by a
provider agency or the subject being allowed to have regular and
agency or the approval or denial of an application submitted by
the subject to a licensing agency, the department shall notify the
subject forthwith. The department shall inform a provider or
licensing agency which makes an inquiry to the department
pursuant to the provisions of section four hundred twenty-four-a
of this title concerning the subject that the person about whom
the inquiry is made is the subject of an indicated child abuse or
maltreatment report. The failure to determine at the fair hearing
that the act or acts of abuse and maltreatment are relevant and
reasonably related to the employment of the subject by a provider
agency or to the subject being allowed to have regular and
agency or the approval or denial of an application submitted by
the subject to a licensing agency shall preclude the department
from informing a provider or licensing agency which makes an
inquiry to the department pursuant to the provisions of section
four hundred twenty-four-a of this title concerning the subject
that the person about whom the inquiry is made is the subject of
an indicated child abuse or maltreatment report.
o (d) The commissioner or his or her designated agent is hereby authorized

and empowered to make any appropriate order respecting the amendment
of a record to make it accurate or consistent with the requirements of this
title.
o (e) Should the department grant the request of the subject of the report
pursuant to this subdivision either through an administrative review or
fair hearing to amend an indicated report to an unfounded report. Such
report shall be legally sealed and shall be released and expunged in
accordance with the standards set forth in subdivision five of this section.
 9. Written notice of any expungement or amendment of any record, made pursuant

to the provisions of this title, shall be served forthwith upon each subject of such
record, other persons named in the report, the commissioner, and, as appropriate,
the applicable local child protective service, the commission on quality of care for
the mentally disabled, the division for youth, department of education, office of
mental health, office of mental retardation and developmental disabilities, the local
social services commissioner or school district placing the child, any law guardian
appointed to represent the child whose appointment has been continued by a
family court judge during the term of a child's placement, and the director or
operator of a residential care facility or program. The local child protective service
or the state agency which investigated the report, upon receipt of such notice, shall
take the appropriate similar action in regard to its child abuse and maltreatment
register and records and inform, for the same purpose, any other agency which
received such record.
 10. Whenever the department determines that there is some credible evidence of
abuse or maltreatment as a result of an investigation of a report conducted
pursuant to this title or section 45.07 of the mental hygiene law concerning a child
in residential care, the department shall notify the child's parent or guardian and
transmit copies of reports made pursuant to this title to the director or operator of
the residential facility or program and, as applicable, the local social services
commissioner or school district placing the child, division for youth, department of
education, commission on quality of care for the mentally disabled, office of mental
health, office of mental retardation and developmental disabilities, and any law
guardian appointed to represent the child whose appointment has been continued
by a family court judge during the term of a child's placement.
 11.
o (a) Reports and records made pursuant to this title, including any previous
report concerning a subject of the report, other persons named in the
report or other pertinent information, involving children who reside in
residential facilities or programs enumerated in paragraphs (a), (b), (c),
(d), (e), (f) and (h) of subdivision seven of section four hundred twelve of
this chapter, shall be transmitted immediately by the central register to the
commissioner who shall commence an appropriate investigation
consistent with the terms and conditions set forth in section four hundred
twenty-four-c of this title. If an investigation determines that some
credible evidence of alleged abuse or maltreatment exists, the
commissioner shall recommend to the local social services department,
the state education department or the division for youth, as the case
maybe, that appropriate preventive and remedial action including legal
action, consistent with applicable collective bargaining agreements and
applicable provisions of the civil service law, pursuant to standards and
regulations of the department promulgated pursuant to section four
hundred sixty-two of this chapter and standards and regulations of the
division for youth and the department of education promulgated pursuant
to section five hundred one of the executive law, sections forty-four
hundred three, forty-three hundred fourteen, forty-three hundred fifty-
eight and forty-two hundred twelve of the education law and other
applicable provisions of law, be taken with respect to the residential
facility or program and/or the subject of the report. However, nothing in
this paragraph shall prevent the commissioner from making
recommendations, as provided for by this paragraph, even though the
investigation may fail to result in a determination that there is some
credible evidence of the alleged abuse or maltreatment.
o (b) The department shall establish standards for the provision of training
to its employees charged with the investigation of reports of child abuse
and maltreatment in residential care in at least the following: (a) basic
training in the principles and techniques of investigation, including
relationships with other investigative bodies, (b) legal issues in child
protection including the legal rights of children, employees and volunteers,
(c) methods of identification, remediation, treatment and prevention, (d)
safety and security procedures, and (e) the principles of child
development, the characteristics of children in care, and techniques of
group and child management including crisis intervention. The
department shall take all reasonable and necessary actions to assure that
its employees are kept apprised on a current basis of all department
policies and procedures relating to the protection of children from abuse
and maltreatment.
o (c) Reports and records made pursuant to this title, including any previous
report concerning a subject of the report, other persons named in the
report or other pertinent information, involving children who reside in a
residential facility licensed or operated by the offices of mental health or
mental retardation and developmental disabilities except those facilities or
programs enumerated in paragraph (h) of subdivision seven of section
four hundred twelve of this chapter, shall be transmitted immediately by
the central register to the commission on quality of care for the mentally
disabled, which shall commence an appropriate investigation in
accordance with the terms and conditions set forth in section 45.07 of the
mental hygiene law.
 12. Any person who willfully permits and any person who encourages the release of
any data and information contained in the central register to persons or agencies
not permitted by this title shall be guilty of a class A misdemeanor.
 13. There shall be a single statewide telephone number for use by all persons
seeking general information about child abuse, maltreatment or welfare other than
for the purpose of making a report of child abuse or maltreatment.
 14. The department shall refer suspected cases of falsely reporting child abuse and
maltreatment in violation of subdivision three of section 240.55 of the penal law to
the appropriate law enforcement agency or district attorney.
§ 422.14 The department shall refer suspected cases of falsely reporting child abuse and
maltreatment in violation of subdivision three of section 240.55 of the penal law to the
appropriate law enforcement agency or district attorney. *
* [The relevant portions of the penal law were amended and the sections renumbered. The penal
law reference to
intentional false reports is now at Section 240.50(4) of the penal law. The Social Service Law
has not yet been
changed to reflect that.]
False Reporting Statues

Penal Law
§ 240.50 Falsely reporting an incident in the third degree. A person is guilty of falsely reporting
an incident in the third degree when, knowing the information reported, conveyed or circulated
to be false or baseless, he:
1. Initiates or circulates a false report or warning of an alleged occurrence or impending occurrence
of a crime, catastrophe or emergency under circumstances in which it is not unlikely that public
alarm or inconvenience will result; or
2. Reports, by word or action, to an official or quasi-official agency or organization the function of
dealing with emergencies involving danger to life or property, an alleged occurrence or impending
occurrence of a catastrophe or emergency which did not in fact occur or does not in fact exist; or
3. Gratuitously reports to a law enforcement officer or agency (a) the alleged occurrence of an
offense or incident which did not in fact occur; or (b) an allegedly impending occurrence of an
offense or incident which in fact is not about to occur; or (c) false information relating to an actual
offense or incident or to the alleged implication of some person therein; or
4. Reports, by word or action, an alleged occurrence or condition of child abuse or maltreatment
which did not in fact occur or exist to: (a) the statewide central register of child abuse and
maltreatment, as defined in title six of article six of the social services law, or (b) any person
required to report cases of suspected child abuse or maltreatment pursuant to subdivision one of
section four hundred thirteen of the social services law, knowing that the person is required to
report such cases, and with the intent that such an alleged occurrence be reported to the statewide
central register.
Falsely reporting an incident in the third degree is a class A misdemeanor.
Family Court Act

When used in this article and unless the specific context indicates otherwise:(sections a, b, c, and
d not included here)
 (e) "Abused child" means a child less than eighteen years of age whose parent or
other person legally responsible for his care
o (i) inflicts or allows to be inflicted upon such child physical injury by

other than accidental means which causes or creates a substantial risk of
death, or serious or protracted disfigurement, or protracted impairment of
physical or emotional health or protracted loss or impairment of the
function of any bodily organ, or
o (ii) creates or allows to be created a substantial risk of physical injury

to such child by other than accidental means which would be likely to
cause death or serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or
impairment of the function of any bodily organ, or
o (iii) commits, or allows to be committed an offense against such child

defined in article one hundred thirty of the penal law; allows, permits or
encourages such child to engage in any act described in sections 230.25,
230.30 and 230.32 of the penal law; commits any of the acts described in
section 255.25 of the penal law; or allows such child to engage in acts or
conduct described in article two hundred sixty-three of the penal law
provided, however, that
 (a) the corroboration requirements contained in the penal law and
 (b) the age requirement for the application of article two hundred
sixty-three of such law shall not apply to proceedings under this
article.
 (f) "Neglected child" means a child less than eighteen years of age
o (i) whose physical, mental or emotional condition has been impaired or is

in imminent danger of becoming impaired as a result of the failure of his
parent or other person legally responsible for his care to exercise a
minimum degree of care
 (A)in supplying the child with adequate food, clothing,

shelter or education in accordance with the provisions
of part one of article sixty-five of the education law, or
medical, dental, optometrical or surgical care, though
financially able to do so or offered financial or other
reasonable means to do so; or
 (B) in providing the child with proper supervision or

guardianship, by unreasonably inflicting or allowing to
be inflicted harm, or a substantial risk thereof,
including the infliction of excessive corporal
punishment; or by misusing a drug or drugs; or by
misusing alcoholic beverages to the extent that he loses
self-control of his actions; or by any other acts of a similarly
serious nature requiring the aid of the court; provided, however,
that where the respondent is voluntarily and regularly
participating in a rehabilitative program, evidence that the
respondent has repeatedly misused a drug or drugs or alcoholic
beverages to the extent that he loses self-control of his actions
shall not establish that the child is a neglected child in the
absence of evidence establishing that the child's physical, mental
or emotional condition has been impaired or is in imminent
danger of becoming impaired as set forth in paragraph (i) of this
subdivision; or
o (ii) who has been abandoned, in accordance with the definition and

other criteria set forth in subdivision five of section three hundred eighty-
four-b of the social services law, by his parents or other person legally
responsible for his care.
 (g) "Person legally responsible" includes the child's custodian, guardian, any other
person responsible for the child's care at the relevant time. Custodian may include
any person continually or at regular intervals found in the same household as the
child when the conduct of such person causes or contributes to the abuse or neglect
of the child.
 (h) "Impairment of emotional health" and "impairment of mental or emotional
condition" includes a state of substantially diminished psychological or intellectual
functioning in relation to, but not limited to, such factors as failure to thrive,
control of aggressive or self-destructive impulses, ability to think and reason, or
acting out or misbehavior, including incorrigibility, ungovernability or habitual
truancy; provided, however, that such impairment must be clearly attributable to
the unwillingness or inability of the respondent to exercise a minimum degree of
care toward the child.
Penal Law
§ 130.00
The following definitions are applicable to this article:
 1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration,
however slight.
 2.
o (a) "Oral sexual conduct" means conduct between persons consisting of

contact between the mouth and the penis, the mouth and the anus, or the
mouth and the vulva or vagina.
o (b) "Anal sexual conduct" means conduct between persons consisting of

contact between the penis and anus.
 3. "Sexual contact" means any touching of the sexual or other intimate parts of a
person not married to the actor for the purpose of gratifying sexual desire of either
party. It includes the touching of the actor by the victim, as well as the touching of
the victim by the actor, whether directly or through clothing.
 4. For the purposes of this article "married" means the existence of the relationship
between the actor and the victim as spouses which is recognized by law at the time
the actor commits an offense proscribed by this article against the victim.
 5. "Mentally disabled" means that a person suffers from a mental disease or defect
which renders him or her incapable of appraising the nature of his or her conduct.
 6. "Mentally incapacitated" means that a person is rendered temporarily incapable

of appraising or controlling his conduct owing to the influence of a narcotic or
intoxicating substance administered to him without his consent, or to any other act
committed upon him without his consent.
 7. "Physically helpless" means that a person is unconscious or for any other reason
is physically unable to communicate unwillingness to an act.
 8. "Forcible compulsion" means to compel by either:

o a. use of physical force; or
o b. a threat, express or implied, which places a person in fear of immediate

death or physical injury to himself, herself or another person, or in fear
that he, she or another person will immediately be kidnapped.
 9. "Foreign object" means any instrument or article which, when inserted in the
vagina, urethra, penis or rectum, is capable of causing physical injury.
 10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual
conduct, aggravated sexual contact, or sexual contact.
 11. "Aggravated sexual contact" means inserting, other than for a valid medical
purpose, a foreign object in the vagina, urethra, penis or rectum of a child, thereby
causing physical injury to such child.
 12. "Health care provider" means any person who is, or is required to be, licensed or
registered or holds himself or herself out to be licensed or registered, or provides
services as if he or she were licensed or registered in the profession of medicine,
chiropractic, dentistry or podiatry under any of the following: article one hundred
thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty
one of the education law.
 13. "Mental health care provider" means any person who is, or is required to be,
licensed or registered, or holds himself or herself out to be licensed or registered, or
provides mental health services as if he or she were licensed or registered in the
profession of medicine, psychology or social work under any of the following:
article one hundred thirty-one, one hundred fifty-three, or one hundred fifty-four of
the education law.
§ 130.05
 1. Whether or not specifically stated, it is an element of every offense defined in this

article that the sexual act was committed without consent of the victim.
 2. Lack of consent results from:
o (a) Forcible compulsion; or
o (b) Incapacity to consent; or
o (c) Where the offense charged is sexual abuse or forcible touching, any
circumstances, in addition to forcible compulsion or incapacity to consent,
in which the victim does not expressly or impliedly acquiesce in the actor’s
conduct; or
o (d) Where the offense charged is rape in the third degree as defined in
subdivision three of section 130.25, or criminal sexual act in the third
degree as defined in subdivision three of section 130.40, in addition to
forcible compulsion, circumstances under which, at the time of the act of
intercourse or deviate sexual intercourse, the victim clearly expressed that
he or she did not consent to engage in such act, and a reasonable person in
the actor’s situation would have understood such person’s words and acts
as an expression of lack of consent to such act under all the circumstances.
 3. A person is deemed incapable of consent when he or she is:
o (a) less than seventeen years old; or
o (b)mentally disabled; or
o (c) mentally incapacitated; or
o (d) physically helpless; or
o (e) committed to the care and custody of the state department of

correctional services or a hospital, as such term is defined in subdivision
two of section four hundred of the correction law, and the actor is an
employee, not married to such person, who knows or reasonably should
know that such person is committed to the care and custody of such
department or hospital. For purposes of this paragraph, "employee" means
 (i) anemployee of the state department of correctional services who

performs professional duties in a state correctional facility
consisting of providing custody, medical or mental health
services, counseling services, educational programs, or vocational
training for inmates;
 (ii) an employee of the division of parole who performs professional

duties in a state correctional facility and who provides
institutional parole services pursuant to section two hundred
fifty-nine-e of the executive law; or
 (iii) an employee of the office of mental health who performs

professional duties in a state correctional facility or hospital, as
such term is defined in subdivision two of section four hundred of
the correction law, consisting of providing custody, or medical or
mental health services for such inmates; or
o (f ) committed to the care and custody of a local correctional facility, as

such term is defined in subdivision two of section forty of the correction
law, and the actor is an employee, not married to such person, who knows
or reasonably should know that such person is committed to the care and
custody of such facility. For purposes of this paragraph, "employee" means
an employee of the local correctional facility where the person is
committed who performs professional duties consisting of providing
custody, medical or mental health services, counseling services,
educational services, or vocational training for inmates; or
o (g) committed to or placed with the office of children and family services
and in residential care, and the actor is an employee, not married to such
person, who knows or reasonably should know that such person is
committed to or placed with such office of children and family services and
in residential care. For purposes of this paragraph, "employee" means an
employee of the office of children and family services or of a residential
facility who performs duties consisting of providing custody, medical or
mental health services, counseling services, educational services, or
vocational training for persons committed to or placed with the office of
children and family services and in residential care; or
o (h) a client or patient and the actor is a health care provider or mental
health care provider charged with rape in the third degree as defined in
section 130.25, criminal sexual act in the third degree as defined in section
130.40, aggravated sexual abuse in the fourth degree as defined in section
130.65-a, or sexual abuse in the third degree as defined in section 130.55,
and the act of sexual conduct occurs during a treatment session,
consultation, interview, or examination.
§ 130.10
 1. In any prosecution under this article in which the victim’s lack of consent is based
solely upon his or her incapacity to consent because he or she was mentally
disabled, mentally incapacitated or physically helpless, it is an affirmative defense
that the defendant, at the time he or she engaged in the conduct constituting the
offense, did not know of the facts or conditions responsible for such incapacity to
consent.
 2. Conduct performed for a valid medical or mental health care purpose shall not
constitute a violation of any section of this article in which incapacity to consent is
based on the circumstances set forth in paragraph (h) of subdivision three of
section 130.05 of this article.
 3. In any prosecution for the crime of rape in the third degree as defined in section
130.25, criminal sexual act in the third degree as defined in section 130.40,
aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or
sexual abuse in the third degree as defined in section 130.55 in which incapacity to
consent is based on the circumstances set forth in paragraph (h) of subdivision
three of section 130.05 of this article it shall be an affirmative defense that the
client or patient consented to such conduct charged after having been expressly
advised by the health care or mental health care provider that such conduct was not
performed for a valid medical purpose.
 4. In any prosecution under this article in which the victim`s lack of consent is
based solely on his or her incapacity to consent because he or she was less than
seventeen years old, mentally disabled, or a client or patient and the actor is a
health care provider, it shall be a defense that the defendant was married to the
victim as defined in subdivision four of section 130.00 of this article.
§ 130.16
A person shall not be convicted of any offense defined in this article of which lack of consent is
an element but results solely from incapacity to consent because of the victim`s mental defect, or
mental incapacity, or an attempt to commit the same, solely on the testimony of the victim,
unsupported by other evidence tending to:
 (a) Establish that an attempt was made to engage the victim in sexual intercourse,
oral sexual conduct, anal sexual conduct, or sexual contact, as the case may be, at
the time of the occurrence; and
 (b) Connect the defendant with the commission of the offense or attempted offense.
§ 130.20
A person is guilty of sexual misconduct when:
 1. He or she engages in sexual intercourse with another person without such

person’s consent; or
 2. He or she engages in oral sexual conduct or anal sexual conduct with another
person without such person’s consent; or
 3. He or she engages in sexual conduct with an animal or a dead human body.
o (a) Sexual misconduct is a class A misdemeanor.
§ 130.25
A person is guilty of rape in the third degree when:
 1. He or she engages in sexual intercourse with another person who is incapable of

consent by reason of some factor other than being less than seventeen years old;
 2. Being twenty-one years old or more, he or she engages in sexual intercourse with
another person less than seventeen years old; or
 3. He or she engages in sexual intercourse with another person without such

person’s consent where such lack of consent is by reason of some factor other than
incapacity to consent.
Rape in the third degree is a class E felony.
§ 130.30
A person is guilty of rape in the second degree when:

 1. Being eighteen years old or more, he or she engages in sexual intercourse with
another person less than fifteen years old; or
 2. He or she engages in sexual intercourse with another person who is incapable of

consent by reason of being mentally disabled or mentally incapacitated.
It shall be an affirmative defense to the crime of rape in the second degree as defined in
subdivision one of this section that the defendant was less than four years older than the victim at
the time of the act.
Rape in the second degree is a class D felony.
§ 130.35
A person is guilty of rape in the first degree when he or she engages in sexual intercourse with
another person:
 1. By forcible compulsion; or
 2. Who is incapable of consent by reason of being physically helpless; or
 3. Who is less than eleven years old; or
 4. Who is less than thirteen years old and the actor is eighteen years old or more.
Rape in the first degree is a class B felony.
§ 130.40
A person is guilty of criminal sexual act in the third degree when:
 1. He or she engages in oral sexual conduct or anal sexual conduct with a person
who is incapable of consent by reason of some factor other than being less than
seventeen years old;
 2. Being twenty-one years old or more, he or she engages in oral sexual conduct or
anal sexual conduct with a person less than seventeen years old; or
person without such person’s consent where such lack of consent is by reason of
some factor other than incapacity to consent.
Criminal sexual act in the third degree is a class E felony.
§ 130.45
A person is guilty of criminal sexual act in the second degree when:

 1. Being eighteen years old or more, he or she engages in oral sexual conduct or anal
sexual conduct with another person less than fifteen years old; or
person who is incapable of consent by reason of being mentally disabled or
mentally incapacitated.
It shall be an affirmative defense to the crime of criminal sexual act in the second degree as
defined in subdivision one of this section that the defendant was less than four years older than
the victim at the time of the act.
Criminal sexual act in the second degree is a class D felony.
§ 130.50
A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual
conduct or anal sexual conduct with another person:
 2. Who is incapable of consent by reason of being physically helpless; or
 3. Who is less than eleven years old; or
 4. Who is less than thirteen years old and the actor is eighteen years old or more.
Criminal sexual act in the first degree is a class B felony.
§ 130.52
A person is guilty of forcible touching when such person intentionally, and for no legitimate
purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of
degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.
For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.
Forcible touching is a class A misdemeanor.
§ 130.53
A person is guilty of persistent sexual abuse when he or she commits the crime of forcible
touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined
in section 130.55 of this article, or sexual abuse in the second degree, as defined in section
130.60 of this article, and, within the previous ten year period, has been convicted two or more
times, in separate criminal transactions for which sentence was imposed on separate occasions,
of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree
as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in
section 130.60 of this article, or any offense defined in this article, of which the commission or
attempted commission thereof is a felony.
Persistent sexual abuse is a class E felony.
§ 130.55
A person is guilty of sexual abuse in the third degree when he or she subjects another person to
sexual contact without the latter’s consent; except that in any prosecution under this section, it is
an affirmative defense that
 (a) such other person’s lack of consent was due solely to incapacity to consent by
reason of being less than seventeen years old, and
 (b) such other person was more than fourteen years old, and
 (c)the defendant was less than five years older than such other person.
Sexual abuse in the third degree is a class B misdemeanor.
§ 130.60
A person is guilty of sexual abuse in the second degree when he or she subjects another person to
sexual contact and when such other person is:
 1. Incapable of consent by reason of some factor other than being less than
seventeen years old; or
 2. Less than fourteen years old.
Sexual abuse in the second degree is a class A misdemeanor.
§ 130.65
A person is guilty of sexual abuse in the first degree when he or she subjects another person to
sexual contact:
 2. When the other person is incapable of consent by reason of being physically

helpless; or
 3. When the other person is less than eleven years old.
Sexual abuse in the first degree is a class D felony.
§ 130.65-a
 1. A person is guilty of aggravated sexual abuse in the fourth degree when:
o (a) He or she inserts a foreign object in the vagina, urethra, penis or

rectum of another person and the other person is incapable of consent by
reason of some factor other than being less than seventeen years old; or
o (b) He or she inserts a finger in the vagina, urethra, penis or rectum of

another person causing physical injury to such person and such person is
incapable of consent by reason of some factor other than being less than
seventeen years old.
 2. Conduct performed for a valid medical purpose does not violate the provisions of
this section.
Aggravated sexual abuse in the fourth degree is a class E felony.
§ 130.66
 1. A person is guilty of aggravated sexual abuse in the third degree when he inserts a
foreign object in the vagina, urethra, penis or rectum of another person:
o (a) By forcible compulsion; or
o (b) When the other person is incapable of consent by reason of being

physically helpless; or
o (c) When the other person is less than eleven years old.
 2. A person is guilty of aggravated sexual abuse in the third degree when he or she
inserts a foreign object in the vagina, urethra, penis or rectum of another person
causing physical injury to such person and such person is incapable of consent by
reason of being mentally disabled or mentally incapacitated.
this section.
Aggravated sexual abuse in the third degree is a class D felony.
§ 130.67
 1. A person is guilty of aggravated sexual abuse in the second degree when he

inserts a finger in the vagina, urethra, penis, or rectum of another person causing
physical injury to such person:

this section.
Aggravated sexual abuse in the second degree is a class C felony.
§ 130.70
 1. A person is guilty of aggravated sexual abuse in the first degree when he inserts a
foreign object in the vagina, urethra, penis or rectum of another person causing
physical injury to such person:

this section.
Aggravated sexual abuse in the first degree is a class B felony.
§ 130.75
 1. A person is guilty of course of sexual conduct against a child in the first degree
when, over a period of time not less than three months in duration:
o (a) he or she engages in two or more acts of sexual conduct, which includes
at least one act of sexual intercourse, oral sexual conduct, anal sexual
conduct or aggravated sexual contact, with a child less than eleven years
old; or
o (b) he or she, being eighteen years old or more, engages in two or more
acts of sexual conduct, which include at least one act of sexual intercourse,
oral sexual conduct, anal sexual conduct or aggravated sexual contact, with
a child less than thirteen years old.
 2. A person may not be subsequently prosecuted for any other sexual offense
involving the same victim unless the other charged offense occurred outside the
time period charged under this section.
Course of sexual conduct against a child in the first degree is a class B felony.
§ 130.80
 1. A person is guilty of course of sexual conduct against a child in the second degree
when, over a period of time not less than three months in duration:
o (a) He or she engages in two or more acts of sexual conduct with a child
less than eleven years old; or
o (b) He or she, being eighteen years old or more, engages in two or more
acts of sexual conduct with a child less than thirteen years old.
 2. A person may not be subsequently prosecuted for any other sexual offense
involving the same victim unless the other charged offense occurred outside the
time period charged under this section.
Course of sexual conduct against a child in the second degree is a class D felony.
§ 130.85
 1. A person is guilty of female genital mutilation when:
o (a) A person knowingly circumcises, excises, or infibulates the whole or

any part of the labia majora or labia minora or clitoris of another person
who has not reached eighteen years of age; or
o (b) Being a parent, guardian or other person legally responsible and

charged with the care or custody of a child less than eighteen years old, he
or she knowingly consents to the circumcision, excision or infibulation of
whole or part of such child’s labia majora or labia minora or clitoris.
 2. Such circumcision, excision, or infibulation is not a violation of this section if

such act is:
o (a) necessary to the health of the person on whom it is performed, and is

performed by a person licensed in the place of its performance as a
medical practitioner; or
o (b) performed on a person in labor or who has just given birth and is
performed for medical purposes connected with that labor or birth by a
person licensed in the place it is performed as a medical practitioner,
midwife, or person in training to become such a practitioner or midwife.
 3. For the purposes of paragraph (a) of subdivision two of this section, no account
shall be taken of the effect on the person on whom such procedure is to be
performed of any belief on the part of that or any other person that such procedure
is required as a matter of custom or ritual.
Female genital mutilation is a class E felony.
§ 130.90
A person is guilty of facilitating a sex offense with a controlled substance when he or she:
 1. Knowingly and unlawfully possesses a controlled substance or any preparation,

compound, mixture or substance that requires a prescription to obtain and
administers such substance or preparation, compound, mixture or substance that
requires a prescription to obtain to another person without such person’s consent
and with intent to commit against such person conduct constituting a felony
defined in this article; and
 2. Commits or attempts to commit such conduct constituting a felony defined in

this article.
Facilitating a sex offense with a controlled substance is a class D felony.
§ 230.00
A person is guilty of prostitution when such person engages or agrees or offers to engage in
sexual conduct with another person in return for a fee.
Prostitution is a class B Misdemeanor.
§ 230.25
A person is guilty of promoting prostitution in the third degree when he knowingly:
 1. Advances or profits from prostitution by managing, supervising, controlling or

owning, either alone or in association with others, a house of prostitution or a
prostitution business or enterprise involving prostitution activity by two or more
prostitutes; or
 2. Advances or profits from prostitution of a person less than nineteen years old.
Promoting prostitution in the third degree is a class D felony.
§ 230.30
A person is guilty of promoting prostitution in the second degree when he knowingly:
 1. Advances prostitution by compelling a person by force or intimidation to engage

in prostitution, or profits from such coercive conduct by another; or
 2. Advances or profits from prostitution of a person less than sixteen years old.
Promoting prostitution in the second degree is a class C felony.
§ 230.32
A person is guilty of promoting prostitution in the first degree when he knowingly advances or
profits from prostitution of a person less than eleven years old.
Promoting prostitution in the first degree is a class B felony.
§ 255.25
A person is guilty of incest when he or she marries or engages in sexual intercourse or deviate
sexual intercourse with a person whom he or she knows to be related to him or her, either
legitimately or out of wedlock, as an ancestor, descendant, brother or sister of either the whole or
the half blood, uncle, aunt, nephew or niece.
Incest is a class E felony.
§ 263.00
As used in this article the following definitions shall apply:
 1. "Sexual performance" means any performance or part thereof which, for

purposes of section 263.16 of this article, includes sexual conduct by a child less
than sixteen years of age or, for purposes of section263.05 or 263.15 of this article,
includes sexual conduct by a child less than seventeen years of age.
 2. "Obscene sexual performance" means any performance which, for purposes of

section 263.11 of this article, includes sexual conduct by a child less than sixteen
years of age or, for purposes of section 263.10of this article, includes sexual conduct
by a child less than seventeen years of age, in any material which is obscene, as
such term is defined in section 235.00 of this chapter.
 3. "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual

intercourse, sexual bestiality, masturbation, sadomasochistic abuse, or lewd
exhibition of the genitals.
 4. "Performance" means any play, motion picture, photograph or dance.

Performance also means any other visual representation exhibited before an
audience.
 5. "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail,
deliver, transfer, transmute, publish, distribute, circulate, disseminate, present,
exhibit or advertise, or to offer or agree to do the same.
 6. "Simulated" means the explicit depiction of any of the conduct set forth in
subdivision three of this section which creates the appearance of such conduct and
which exhibits any uncovered portion of the breasts, genitals or buttocks.
 7. "Deviate sexual intercourse" means the conduct defined by subdivision two of

section 130.00 of this chapter.
 8. "Sado-masochistic abuse" means the conduct defined in subdivision five of
section 235.20 of this chapter.
§ 263.05
A person is guilty of the use of a child in a sexual performance if knowing the character and
content thereof he employs, authorizes or induces a child less than seventeen years of age to
engage in a sexual performance or being a parent, legal guardian or custodian of such child, he
consents to the participation by such child in a sexual performance.
Use of a child in a sexual performance is a class C felony.
§ 263.10
A person is guilty of promoting an obscene sexual performance by a child when, knowing the
character and content thereof, he produces, directs or promotes any obscene performance which
includes sexual conduct by a child less than seventeen years of age.
Promoting an obscene sexual performance by a child is a class D felony.
§ 263.11
A person is guilty of possessing an obscene sexual performance by a child when, knowing the
character and content thereof, he knowingly has in his possession or control any obscene
performance which includes sexual conduct by a child less than sixteen years of age.
Possessing an obscene sexual performance by a child is a class E felony.
§ 263.15
A person is guilty of promoting a sexual performance by a child when, knowing the character
and content thereof, he produces, directs or promotes any performance which includes sexual
conduct by a child less than seventeen years of age.
Promoting a sexual performance by a child is a class D felony.
§ 263.16
A person is guilty of possessing a sexual performance by a child when, knowing the character
and content thereof, he knowingly has in his possession or control any performance which
includes sexual conduct by a child less than sixteen years of age.
Possessing a sexual performance by a child is a class E felony.
Glossary of Terms
 Return to Menu
Abused Child
 A child under the age of 18 whose parent or other person legally responsible for
his/her care inflicts upon the child serious physical injury, creates a substantial risk
of serious physical injury, or commits a sex offense against the child.
Abused Child in Residential Care
 A child whose custodian inflicts any injury upon such child by other than accidental
means which causes death, serious or protracted disfigurement, serious or
protracted impairment of physical health, serious or protracted loss or impairment
of the function of any organ or a serious emotional injury or by their conduct and
with knowledge or deliberate indifference allows any such injury to be inflicted
upon such child or commits, promotes or knowingly permits the commission of a
sex offense against such child or allows, permits or encourages such child to engage
in sexual offenses as defined in NYS Penal Law.
Custodian
 A director, operator, employee or volunteer of a residential care facility or program.
Indicated Report
 Upon conclusion of the investigation, the local investigative agency determined

there was some credible evidence to support the allegations in the report.
Maltreated Child
 A child under the age of 18 whose parent(s) or other person legally responsible for
the care of a child harms a child, or places a child in imminent danger of harm by
failing to exercise the minimum degree of care in providing the child with any of the
following: food, clothing, shelter, education or medical care when financially able to
do so.
 Maltreatment can also result from abandonment of a child or from not providing
adequate supervision for the child. Further, a child may be maltreated if a parent
engages in excessive use of drugs or alcohol such that it interferes with their ability
to adequately supervise the child.
Maltreated child in Residential Care
 A child whose custodian:
o (a) inflicts by act or omission physical injury, excluding minor injury, to

such child by other than accidental means;
o (b) creates a substantial risk of physical injury, excluding minor injury, to
such child by other than accidental means; or
o (c) fails to comply with a rule or regulation involving care, services or

supervision of a child promulgated by a state agency operating, certifying,
or supervising a residential facility or program, and such failure to comply
results in physical injury, excluding minor injury, or serious emotional
injury to such child where such result was reasonably foreseeable or
o (d) fails to meet a personal duty imposed by an agreed upon plan of

prevention and remediation pursuant to this chapter or the mental
hygiene law, the executive law or the education law, arising from abuse or
neglect of a child in residential care and such failure results in physical
injury, excluding minor injury, or serious emotional injury or the risk
thereof to the child; or
o (e) intentionally administers to the child any prescription drug other than
in substantial compliance with a physician's, physician's assistant's or
nurse practitioner's prescription.
Person Legally Responsible
 Includes the child's custodian, guardian, and any other person responsible for the
child's care at the relevant time. Custodian may include any person continually or
at regular intervals found in the same household as the child when the conduct of
such person causes or contributes to the abuse or neglect of the child.
Reasonable Cause to Suspect
 A logical basis for your concern. It does not mean you have to be certain or have
proof.
Registered Report
 The information presented by the caller was recorded and transmitted to a local
investigative agency.
Subject of a Report
 Any parent of, guardian of, custodian of or other person eighteen years of age or
older legally responsible for, as defined in subdivision (g) of section one thousand
twelve of the family court act, a child reported to the central register of child abuse
and maltreatment who is allegedly responsible for causing injury, abuse or
maltreatment to such child or who allegedly allows such injury, abuse or
maltreatment to be inflicted on such child, or a director or an operator of or
employee or volunteer in a home operated or supervised by an authorized agency,
the division for youth, or an office of the department of mental hygiene or in a
family day-care home, a day-care center, a group family day care home or a day-
services program, or a consultant or any person who is an employee or volunteer of
a corporation, partnership, organization or any governmental entity which provides
goods or services pursuant to a contract or other arrangement which provides for
such consultant or person to have regular and substantial contact with children in
residential care who is allegedly responsible for causing injury, abuse or
maltreatment to a child who is reported to the central register of child abuse or
maltreatment or who allegedly allows such injury, abuse or maltreatment to be
inflicted on such child.
Unfounded Report
 Upon conclusion of the investigation, the local investigative agency determined

there was no credible evidence to support the allegations in the report.
Select one of the following methods to complete this course.

Take Test
OR
Reflect on Practice Impact
Pass an exam testing your knowledge of the course material.
Describe how this course will impact your practice. (No Test)
Remember my preference
References
 Return to Menu
 AbuseWatch.net (2012). Prevention Resources for the Community and

Professionals. Retrieved May 5, 2013. Visit Source.
 New York Office of Children and Family Services. (2016). Mandated Reporter
Training Online. Retrieved 5/26/16. Visit Source.
 New York Office of Children and Family Services. (2016). Frequently Asked
Questions for Mandated Reporters. Retrieved 5/26/16. Visit Source.
 Research foundation for SUNY (2011). Mandated reporter trainer’s resource guide;
identifying and reporting child abuse and maltreatment/neglect. Buffalo State
College, Center for development of human services, 2011.
 U.S. Department of Health & Human Services, Administration for Children and
Families, Administration on Children, Youth and Families, Children’s Bureau,
(2014). Child Maltreatment 2014, retrieved 5/26/16. Visit Source.
 World Health Organization, 2016. Prevention of Child Maltreatment, retrieved

5/26/16. Visit Source.

 PURCHASE
 COURSES
 MY ACCOUNT
 HELP
 ABOUT
 BLOG
 TELL A FRIEND
 VERIFY CERTIFICATE
Copyright © 2013-2022 CEUFast.com | Terms of Service | Privacy Policy

Child Abuse

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Child Abuse

Uploaded by

Copyright:

Available Formats

LoginSign Up

Meet Your New York Continuing Requirements Quickly & Affordably.

Click here to sign up now!

Child Abuse: New York Mandated Reporter Training -

After completing this course, the learner will be able to:

 Effectively report child abuse or maltreatment/neglect to New York State Central

Why is this Training so Important

University of Rochester Study

This training is designed to provide an understanding of the preventive-protective continuum of

Positive CPS Intervention

 Mandatory reporting of suspected child abuse or maltreatment by specific

 When they have reasonable cause to suspect that a child before them in their

 Or, when there is reasonable cause to suspect that a child is an abused or

 Registered Physician's Assistant

 Emergency Medical Technician

 Licensed Creative Arts Therapist

 Licensed Marriage and Family Therapist

 Licensed Mental Health Counselor

 Hospital personnel engaged in the admission, examination, care, or treatment of

 Christian Science Practitioner

 School Official, including (but is not limited to):

 School Social Worker

 Other School Personnel required to hold a Teaching or

 Social Services Worker

 Director of a Children's Overnight Camp, Summer Day Camp or Traveling

 Daycare Center Worker

 School-age Childcare Worker

 Provider of Family or Group Family Daycare

 Employee or Volunteer in a Residential Care Facility for Children

 Any other Childcare or Foster Care Worker

 Mental Health Professional

 Substance Abuse Counselor

 District Attorney or Assistant District Attorney

 Investigator employed in the Office of the District Attorney

 Any other Law Enforcement Official

Legislative Changes in 2007

The agency administrator:

 Maintains the call ID #

 Immunity (don’t call anonymously)

 No retaliatory personnel action shall be taken for making a report.

1. Immunity from Liability

Failure to make the call:

Mandated Reporter Records

This language is not intended to be an expansion of a mandated reporter's current obligation.

Materials included are:

 records relating to diagnosis, prognosis, or treatment

 clinical records of any patient or client

What is Child Abuse and Maltreatment/Neglect

Consider the Child

 Must be less than 18 years of age

 Who may be responsible

The Definition of Abuse

 Subject creates or allows to be created a substantial risk of physical injury to the

 Such action causes or creates a substantial risk of death or serious or protracted

 Subject commits or allows to be committed a sex offense as described in section 130

o Criminal sexual act

o Persistent sexual abuse

o Aggravated sexual abuse

o Course of sexual conduct against the child

o Female genital mutilation

o Facilitating a sex offense with a controlled substance

o Use of a child in a sexual performance

o Promoting an obscene sexual performance by a child