Child Abuse Training Notes

Child Abuse: New York Mandated Reporter Training
University of Rochester Study
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
a. 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 guide pg. 6) (NYOFS,
2016):
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, participant’s guide pg. 7)
(NYOFS, 2016):
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, participant’s guide pg. 7)
(NYOFS, 2016):
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, participant’s guide pg. 7)
(NYOFS, 2016):
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, participant’s guide pg. 7)
(NYOFS, 2016):
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, participant’s guide pg. 7)
(NYOFS, 2016):
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 guide pg. 8) (NYOFS,
2016):
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 guide pg. 8) (NYOFS,
2016):
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 Top
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 Top
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 Top
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 Top
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 Top
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 Top
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 cost 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.
 No
 Treat the child’s injury.
 Case Study C
 Neonatal drug withdrawal and no plan for the baby
 Yes
 Mother
 Call SCR
 Case Study D
 Spiral fracture, the explanation is not plausible
 Yes
 Mother
 Call SCR
Reports Not Registered
 Return to Top
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 Top
 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
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 Top
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 Top
 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
 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 Top
 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 Top
 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 with knowledge or deliberate indifference allows any such
injury to be inflicted upon such child; or
o (b)
 (i) creates a 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 with knowledge 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) officers and 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, within ninety 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
substantial contact with children who are cared for by a provider 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 substantial contact with children who are cared for by a
provider 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) an employee 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
 3. He or she engages in oral sexual conduct or anal sexual conduct with another 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
 2. He or she engages in oral sexual conduct or anal sexual conduct 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 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.
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:

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:
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 Top
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.

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Child Abuse: New York Mandated Reporter Training

University of Rochester Study

Positive CPS Intervention

Background of the CPS System

 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 persons

 Christian Science Practitioner

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

 School Social Worker

 Other School Personnel required to hold a Teaching or Administrative license or

 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

 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

1. New York State law provides confidentiality to those who make a report.

2. Refer to SSL§422 (4)(A).

3. Penalties for Failure to Report

1. Mandated reporters are subject to serious consequences for failure to report.

Failure to make the call:

Mandated Reporter Records

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

 What has happened

 Who may be responsible

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

o Possessing an obscene sexual performance by a child

o Possessing a sexual performance by child

 Is a less severe method of punishment available and likely to be effective?

 Is the punishment unnecessarily degrading to the child?

 Was the punishment brutal?