The Identification and Reporting of Child Abuse and Maltreatment Course For Mandated Reporters

Other Mandated or Authorized Actions

Photographs and X-rays

• any mandated reporter may take, or cause to be taken, at public expense, color photographs of the area of trauma visible on a child (a social worker may ask the local CPS to take photographs when appropriate) and
• if medically indicated, cause X-Rays to be taken.
• Photos or X-rays must accompany the LDSS-2221-A, or be sent as soon as possible after its submission; they should be appropriately identified with child's name, date, and name of person taking the photos or X-rays.

Protective Custody
It is important for social workers to know those times a when child can be taken into protective custody immediately, who can do it and how it is done.

>> A child may be taken into protective custody (i.e., without court order or parental consent):

• if the child is in such circumstances or condition that continuing to stay in his/her residence or in the care and custody of the parent or person legally responsible for the child's care, presents an imminent danger to the child's life or health; and
• if there is not enough time to apply for an order of temporary removal from the Family Court;
• but protective custody should not be confused with status of child admitted voluntarily to hospital by parent(s).

>> Persons legally authorized to place child into physical protective custody:

• a peace officer (acting pursuant to his/her special duties)
• a police officer,
• a law enforcement official
• an agent of a duly incorporated society for the prevention of cruelty to children,
• a designated employee of a city or county department of social services, or
• a person in charge of a hospital or similar institution.

>> When protective custody occurs, the authorized person is required to take the following actions:

• bring the child immediately to a place designated by the rules of the Family Court for this purpose, unless the person is a physician treating the child and the child is or will be presently admitted to a hospital.
• make every reasonable effort to inform the parent or other person legally responsible for the child's care of the facility to which the child has been brought.
• provide the parent or the person legally responsible with written notice, coincident with removal (Family Court Act(b)(iii)).
• inform the court and make a report of suspected child abuse or maltreatment pursuant to Title 6 pf the Social Services Law, as soon as possible (PCA, Sec 1024(b)).
• immediately notify the appropriate local child protective service, which shall commence a child protective proceeding in the Family Court at the next regular weekday session of the appropriate Family Court or recommend that the child be returned to his/her parents or guardian. In neglect cases, pursuant to Section 1026 of the Family Court Act, the authorized person or entity (usually CPS) may return a child prior to a child protective proceeding if it concludes there is no imminent risk to the child's health.

What Happens After the Call Has Been Made

After the call has been received, the Department of Social Services has established procedures they must follow. (This is defined in Sections 422.2(a) and 422.11 of the Social Services Law)

When any allegations contained in the phone call could reasonably constitute a report of child abuse or maltreatment, such allegations must be immediately transmitted by the Department of Social Services to the appropriate agency or local child protective service for investigation. If the Department records indicate a previous report concerning a "subject of the report," other persons names in the report, or other pertinent information, the appropriate agency or local child protective service must be immediately notified of this fact.

Inquiring About the Findings of an Investigation

Section 422.4 of the Social Services Law provides that a mandated reporter can receive, upon request, the finding of an investigation made pursuant to his/her report. This request can be made to the State Central Register at the time of making the report or to the appropriate local CPS at any time thereafter.

If the request for 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" (i.e., substantiated), "unfounded," or "under investigation," whichever the case may be.

If the request for information is made after the completion of an investigation of report, the released information shall be limited to whether a report is "indicated" or, if the report has been expunged, that there is " no record of such report," whichever the case may be. (Note: Reports are expunged for lack of credible evidence of alleged abuse or maltreatment after an investigation, or 10 years after the 18th birthday of the youngest child named in the report.)