NY Soc Serv L § 413 (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 6 - Child Protective Services 413 - Persons and Officials Required to Report Cases of Suspected Child Abuse or Maltreatment.

§  413.  Persons  and  officials required to report cases of suspected child abuse or maltreatment. 1. (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;  licensed behavior analyst; certified behavior analyst assistant; 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; full or part-time compensated school employee  required  to hold  a temporary coaching license or professional coaching certificate; social services worker; employee of a publicly-funded emergency  shelter for  families  with  children;  director of a children's overnight camp, summer day camp or traveling summer day camp, as such camps are  defined in  section  thirteen  hundred  ninety-two of the public health law; 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 for children that is licensed, certified  or  operated  by  the office  of  children  and  family  services;  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; employees, who are  expected to  have regular and substantial contact with children, of a health home or health home care management agency contracting with a health home  as designated  by  the  department  of  health and authorized under section three hundred sixty-five-l of this chapter or such employees who provide home and community based services under a demonstration program pursuant to section eleven hundred fifteen of the federal social security act who are expected to have regular  and  substantial  contact  with  children; 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.  (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.   2.  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.   3.  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.   4.  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.   * 5. The office of children and family services shall update  training issued  to  persons  and officials required to report cases of suspected child abuse or maltreatment to include protocols to reduce implicit bias in the decision-making processes,  strategies  for  identifying  adverse childhood  experiences as defined in paragraph (c) of subdivision one of section  twenty-d  of  this  chapter,  and  guidelines  to   assist   in recognizing  signs of abuse or maltreatment while interacting virtually.  Such persons and officials shall have three  years  from  the  effective date  of  the  chapter of the laws of two thousand twenty-one that added this subdivision to receive such updated mandated reported training.   * NB Effective April 1, 2022   * NB Repealed April 1, 2025