2023 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.
* NB Effective until December 22, 2025
* (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; athletic trainer; 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.
* NB Effective December 22, 2025
(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 Repealed April 1, 2025
* 6.  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 guidance on identifying an abused
or   maltreated   child  when  such  child  is  an  individual  with  an
intellectual or developmental disability as defined in section  1.03  of
the mental hygiene law. Such guidance shall be developed in consultation
with the justice center for the protection of people with special needs.

Persons  and officials required to report cases of suspected child abuse
or maltreatment shall have two years from the  effective  date  of  this
subdivision to receive such updated mandated reporter training.
* NB Effective November 17, 2024