New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 432 - Child Abuse And Maltreatment › Section 432.12 - Access by mandated reporters to the findings of an investigation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A person or
			 official required by section 413  of the Social Services Law to report
			 cases of suspected child abuse or maltreatment must receive, upon request, the
			 findings of an investigation of a report made by that person or official for
			 any report that has been assigned to the investigative track. When the report
			 has been assigned to the family assessment response track, the person or
			 official making the request must be informed that the report has been assigned
			 to a family assessment response, that there is no determination made for a
			 report addressed with a family assessment response, and that such records are
			 legally sealed and confidential.
(b)
(1)
			 When a request by such person or official is made at the time of making an oral
			 report of suspected child abuse or maltreatment to the State Central Register,
			 the State Central Register must forward the request to the appropriate child
			 protective service, or where the suspected child abuse or maltreatment occurred
			 in residential child care, to a designated person within OCFS. The request for
			 the findings of an investigation must be forwarded by the State Central
			 Register to the child protective service or OCFS when the report of suspected
			 child abuse or maltreatment is transmitted.
(2) When a request by such person or official
			 is made at any time subsequent to making the oral report of suspected child
			 abuse or maltreatment to the State Central Register, the request must be made
			 by the person or official to the appropriate child protective service or, where
			 the suspected child abuse or maltreatment occurred in residential child care,
			 to a designated person within OCFS.
(3) As used in this section,
residential child care
means:
(i) foster care provided to a child whose
			 care and custody or custody and guardianship have been transferred to a social
			 services official or OCFS and such care is provided in a group home or child
			 care institution;
(ii) care
			 provided to a child in a facility or program operated or certified by OCFS
			 pursuant to article 19-G or 19-H of the Executive Law, excluding foster family
			 care;
(iii) care provided to 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 87 and 88 of the Education
			 Law;
(iv) care provided to 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;
(v) care provided to a
			 child in an institution for the instruction of the deaf and the blind which has
			 a residential component and which is subject to the visitation of the
			 Commissioner of Education pursuant to article 85 of the Education
			 Law;
(vi) care provided to a child
			 through a residential placement with a special act school district listed in
			 chapter 566 of the Laws of 1967, as amended;
(vii) care provided to a child in a
			 residential facility licensed or operated by the Office of Mental Health or the
			 Office For People With Developmental Disabilities, excluding family care homes;
			 or
(viii) care provided by an
			 authorized agency in a residential facility, licensed or operated by the Office
			 of Mental Health or the Office For People With Developmental Disabilities,
			 excluding a family care home, which is located on the same campus of the
			 authorized agency where care enumerated in subparagraph (i) of this paragraph
			 is provided to a child.