Mandated Reporting of Suspected Child Abuse or Maltreatment

Date Issued: November 3, 2014

RECIPIENT

  • All OASAS-Certified Providers
  • Local Governmental Units (LGUs)
     

BACKGROUND

New York State Social Services Law (Sections 412 and 413) relating to the mandated reporting of suspected child abuse or maltreatment to the Statewide Central Register of Child Abuse and Maltreatment (Statewide Central Register) was amended in 2012 to accommodate the replacement by the Justice Center (Chapter 501 of the Laws of 2012) of the Commission on Quality of Care for the Mentally Disabled (CQC).

A “mandated reporter” to the Statewide Central Register (SCR) is required to report, or cause a report to be made, when they have reasonable cause to suspect that a child is an abused or maltreated child where the person legally responsible for the child comes before them in their professional capacity and shares personal knowledge which, if correct, would render the child an abused or maltreated child. Substance abuse counselors and alcoholism counselors who have been issued a credential by OASAS are among the persons (“mandated reporter”) mandated to make such reports to the Statewide Central Register.

Prior to 2012, OASAS credentialed persons would have been those working with children under eighteen in residential facilities.

Current law no longer limits reporting to children receiving services in residential facilities.

Mandated reporters who have direct knowledge of any allegation(s) of suspected child abuse or maltreatment, must personally make a report to the Statewide Central Register and then notify the person in charge of the institution or his/her designated agent that a report has been made. The person in charge, or the designated agent of such person, is then responsible for all subsequent internal administration necessitated by the report. This may include providing follow-up information (ex., relevant information contained in the child's educational record) to CPS.

Note: Notification to the person in charge or designated agent of the medical or other public or private institution, school, facility or agency does not absolve the original mandated reporter of his or her responsibility to personally make a report to the Statewide Central Register.

Further, all initial or subsequent reports made to the Statewide Central Register shall include the name, title and contact information for every staff person of an institution that is believed to have direct knowledge of the allegations contained in the report. Reports made to the Statewide Central Register shall only be made available to the Justice Center for the Protection of People with Special Needs in connection with an investigation being conducted pursuant to article eleven of the Social Services Law and shall further be subject to the provisions of 42 CFR Part 2 related to the limited disclosure exceptions for mandated reporting of child abuse.

The Statewide Central Registry Hotline telephone number is: (800) 342-3720.


CONTACT PERSON

Questions concerning this Local Services Bulletin may be directed to: [email protected].