"Introduction In the United States, one of the most educated and affluent countries in the world, in 2003, an estimated 906,000 children were determined to be victims of child abuse or neglect. These abused and/or neglected children were identified based on 2.9 million referrals alleging child abuse or neglect that were accepted by state and local child protective services (CPS) agencies for investigation. Nationally, over 1,500 children died as a result of this victimization (USDHHS-ACF, 2004). In New York State, in 2002 there were approximately 150,000 reports of child abuse or neglect; of those reports almost 70,000 children were determined to be have been abused or neglected. 68 children died in New York State in 2002 as a result of abuse or neglect."

ACCESS Continuing Education, Inc. (PCA-NY, 2003)

 

Penalties for Failure to Report Failure to report child abuse or maltreatment/neglect on the part of mandated reporters is addressed in New York State Social Service Law, Section 420: Any person, official or institution required by law to report a case of suspected child abuse or maltreatmen/neglect who willfully fails to do so shall be guilty of a Class A misdemeanor; Any person, official or institution required by this title to report a case of suspected child abuse or maltreatment/neglect who knowingly and willfully fails to do so shall be civilly liable for the damages proximately caused by such failure. Immunity From Liability Mandated reporters are provided immunity from liability under New York State Social Service Law, Section 419: Any person, official or institution participating in good faith in making of a report, the taking of photographs, or the removal or keeping of a child they suspect may be abused or maltreated/neglected, shall have immunity from any liability, civil or criminal, that might result from such actions. For the purpose of any proceeding, civil or criminal, the good faith of ay such person, official or institution required to report cases of child abuse or maltreatment/neglect shall be presumed, provided such person, official or institution was acting in the 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. The Role of the Mandated Reporter By identifying certain professionals as mandated reporters of child abuse and maltreatment, the State of New York is attempting to insure that this select group of individuals will do so as part of their professional responsibilities. The role of the mandated reporter is to: report suspected incidents of child abuse or maltreatment/neglect while acting in their professional capacity. When a mandated reporter has reasonable cause to suspect that a child whom the reporter sees in his/her professional or official capacity is abused or maltreated, the professional must report the abuse, maltreatment or neglect. Additionally, when a mandated reporter must report when s/he has reasonable cause to suspect that a child is abused or maltreated where the parent or person legally responsible for the child comes before them in his/her professional or official capacity and states from personal knowledge facts, conditions, or circumstances which, if correct, would render the child abused or maltreated. Whenever a mandated reporter suspects child abuse or maltreatment while acting in her/his professional capacity as a staff member of a medical or other public or private institution, school, facility or agency, he or she must immediately notify the person in charge of that school, facility institution or her/his designated agent, who will then also become responsible for reporting or causing a child abuse report to be made to the county Child Protective Services agency. The law does not require more than one report from the institution, school, facility or agency on any one incident of suspected abuse or maltreatment. However, reporting internally to the person in charge does not discharge the mandated reporter's obligation to report unless the report is made to the State Central Register. Additionally, the person in charge may not prevent the staff member, who is also a mandated reporter, from making a report. Reasonable Cause to Suspect: Certainty is not required Do you as a mandated reporter have to be certain that abuse, maltreatment or neglect has actually occurred? Do you need to have proof before you report your suspicions? In New York State, a mandated reporter can have "reasonable cause" to suspect that a child is abused or maltreated, if, considering what physical evidence s/he observes or is told about, and from his/her own training and experience, it is possible that the injury or condition was caused by non-accidental means. The mandated reporter need not be absolutely certain that the injury or condition was caused by neglect or by non-accidental means; the reporter should only be able to entertain the possibility that it could have been neglect or non-accidental in order to possess the necessary "reasonable cause". The mandated reporter does not have to prove the abuse or maltreatment. It is enough for the mandated reporter to be suspicious, to distrust or doubt what s/he personally observes or is told. Many factors can and should be considered in the formation of that doubt or distrust in potential abuse cases: Physical and behavioral indicators are helpful in forming a reasonable basis of suspicion. Although these indicators are not diagnostic criteria of child abuse, neglect or maltreatment, they illustrate important patterns that may be recorded in the written report when relevant. How to Report Suspicion of child abuse and maltreatment/neglect must be immediately reported by telephone, at any time of the day, seven days per week. A written report must be filed within 48 hours of the oral report. Oral telephone reports should be made to the New York State Central Register of Child Abuse and Maltreatment (SCR) by calling the statewide, toll-free telephone number for mandated reporters: MANDATED REPORTER EXPRESS LINE 1-800-635-1522 General Public: 1-800-342-3720 Outside NY State: 1-518-474-8740 Outside of New York State or Nationally If you suspect that a child is being abused or maltreated/neglected, you should call your local Child Protective Services (CPS) agency or the CPS agency in the State in which the abuse occurred. As you identify the appropriate agency for making a report, remember the following: • Not every State has a toll free hotline, or the hotline may not operate on a 24 hour basis. • If a toll free (800 or 888) number is available, it may be accessible only from within that State. Federal agencies have no authority to intervene in individual child abuse and neglect cases. Each State has jurisdiction over these matters, and has specific laws and procedures for reporting and investigating. In some States, all citizens are mandated reporters by State law and must report any suspicion of child abuse or neglect. Each state has its own procedure for reporting child abuse. A listing of phone numbers for the states that have them is available at http://www.acf.hhs.gov/programs/cb/publications/rpt_abu.htm. If a number is not listed, or if you need to report suspected abuse in a State other than your own, please call (NCCANI, 2005a): Childhelp® USA National Child Abuse Hotline 1-800-4-A-CHILD® (1-800-422-4453) TDD: 1-800-2-A-CHILD Childhelp® USA is a non-profit agency which can provide reporting numbers, and has Hotline counselors who can provide referrals. Telephone Reporting Mandated reporters can prepare themselves to make the report by compiling information needed for the report. While having all of the information needed would be ideal, the mandated reporter should not wait to report just because some of the information is missing. To the extent possible, when calling to report child abuse or maltreatment/neglect, attempt to provide the following information: Information that must be included in the telephone report: • The names and addresses of the child and his/her parents or other person responsible for his/her care; • The child's age, gender and race; • The nature and extent of the child's injuries, abuse or maltreatment/neglect, including any evidence of prior injuries, abuse or maltreatment of the child or his/her siblings; • The name of the person or persons responsible for causing the injury, abuse, or maltreatment/neglect; o Family composition; • Where is the child now? Where are siblings now? • The source of the report: o The person making the report and where s/he can be reached; • The actions taken by the reporting source, including the taking of photographs or X-rays, removal or keeping of the child, or notifying the medical examiner or coroner; and • Any additional information that might be helpful; for example, are there special needs or medications? What are they? Are there concerns for local CPS such as weapons or drugs in the home? Written Report A written report, signed by the reporter, must be filed with the local child protective service (CPS) within 48 hours of the oral report. You may request the address of the investigative district from the child protective specialist at the time you make the oral report to the State Central Register of Child Abuse and Maltreatment. A written report that involves a child who is in foster care or in residential care, should be submitted to the New York State Child Abuse and Maltreatment Register, 40 North Pearl Street, Albany, NY 12243. Mandated reporters may wish to maintain additional careful notes for their own personal records, noting important information such as dates, times, places, names of individuals involved in any aspect of the case. Mandated reporters may wish to maintain additional careful notes for their own personal records, noting important information such as dates, times, places, names of individuals involved in any aspect of the case. The written report can be accessed at click here For the purpose of reported suspected cases of child abuse and maltreatment/neglect to the SCR and CPS, it is important to understand the definition of who can be the "subject of the report". The Subject of the report means any • Parent • Guardian • Custodian, or • Other person 18 years of age or older who is legally responsible for a child reported to the SCR and who is allegedly responsible for causing - or allowing the infliction of - injury, abuse, or maltreatment/neglect of such child. • The operator of, employee of, or volunteer in o A home operated or supervised by an authorized agency, the Division for Youth, or an office of the Department of Mental Hygiene, or o A family day-care home, day-care center, group family day-care home, or a day services program o And who is allegedly responsible for causing - or allowing the infliction of - injury, abuse or maltreatment/neglect to a child who is reported to the SCR. Abuse and maltreatment/neglect can certainly be caused by persons other than parents or the person who is legally responsible for the child's care, such as neighbors or strangers. Such individuals might not fit the legal definition of the "subject of the report". In these cases, it is the law enforcement authorities that should be contacted directly. If a mandated reporter calls the SCR in a situation in which the person allegedly responsible for the abuse or maltreatment/neglect cannot be the subject of a report, and if the SCR believes that the alleged acts or circumstances described by the mandated reporter may constitute a crime or an immediate threat to the child's health or safety, the SCR is required by law to transmit the information contained in the call to the appropriate law enforcement agency, district attorney or other public official empowered to provide necessary aid or assistance. Content Chapter 1: Who Are the Mandated Reporters? Chapter 2: Abuse and Maltreatment/Neglect Have Many Presentations Chapter 3: The Disturbing Statistics Chapter 4: Legal Definitions Related to Child Maltreatment Chapter 5: Recognizing Child Abuse Chapter 6: Risk Factors Contributing to Child Abuse and Maltreatment Chapter 7: Protective Factors for Child Abuse and Maltreatment Chapter 8: The Consequences of Child Abuse Chapter 9: Perpetrators of Child Abuse Chapter 10: Dos and Don'ts Regarding Talking with Children about Possible Abuse or Maltreatment Chapter 11: Reporting Child Abuse and Maltreatment Chapter 12: The Abandoned Infant Protection Act * Chapter 13: Conclusion Resources References * The Abandoned Infant Protection Act (AIPA) created an affirmative defense to the criminal charges of Abandonment of a Child and Endangering the Welfare of a Child, when the following conditions are met: 1. The abandoned infant can be no more than 5 days old. 2. The person abandoning the infant must have intended the child be safe and well cared for. They cannot have intended the child any harm. 3. The infant must be left with an appropriate or suitable location. Should the infant be left in a suitable location, and appropriate person must be notified immediately of the child's location so the child can be taken into custody and cared for. A "suitable location" has been identified by district attorneys in New York State as being: • Hospitals • Police stations • Fire stations • As long as they are open and staff is present. An "appropriate person" has been identified as: • Employees of the suitable location that are trained to deal with emergency situations. • At a hospital, a doctor, nurse or emergency room personnel would be suitable. Any on-duty police officer at a police station or fire-persons or emergency medical technicians (EMTs) at a fire station would also be appropriate.