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

Who’s Obligated To Make The Report:

Amendments to Chapter 193 of the laws of 2007, which went into effect on October 1, 2007, requires that mandated reporters of child abuse, including social workers, must report any suspicion of child abuse directly to the Statewide Central Register of Child Abuse and Maltreatment, rather than reporting the incident to a supervisor who would then often be expected to report the incident to the State Central Register. In the past, many agency policies held that child abuse suspicions could only be reported to CPS by certain supervisory staff within the agency, while the person with first-hand knowledge of the event would still be legally liable for the execution and follow-up of the report. 

Special Note for School Officials:  Amendments to Chapter 193 of the laws of 2007 also included Clarification of the term “school official” in the mandated reporter law to include “school teachers, school guidance counselors, school psychologists, school social workers, school nurses, school administrators, and any other school personnel required to hold a teaching or administrative license or certificate.”

This policy change clarifies that the person with original suspicion of child abuse shall be the same person who files a report with the State Central Register. The statute then requires that the person who filed the report to then notify “the person in charge [of the institution or agency], or the designated agent of such person.”  At that point, such person in charge shall be responsible for any further internal administration relating to the report.

This law prohibits any agency policies that require any type of prior approval to making a report to the State Central Register.  This law also prohibits any agency policies which punish mandated reporter staff for directly reporting child abuse.