§ 413. Persons and officials required to report cases of suspected\nchild abuse or maltreatment. 1.
(a)The following persons and officials\nare required to report or cause a report to be made in accordance with\nthis title when they have reasonable cause to suspect that a child\ncoming before them in their professional or official capacity is an\nabused or maltreated child, or when they have reasonable cause to\nsuspect that a child is an abused or maltreated child where the parent,\nguardian, custodian or other person legally responsible for such child\ncomes before them in their professional or official capacity and states\nfrom personal knowledge facts, conditions or circumstances which, if\ncorrect, would render the child an abused or maltreated child: any\nphysician; registered phy
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§ 413. Persons and officials required to report cases of suspected\nchild abuse or maltreatment. 1. (a) The following persons and officials\nare required to report or cause a report to be made in accordance with\nthis title when they have reasonable cause to suspect that a child\ncoming before them in their professional or official capacity is an\nabused or maltreated child, or when they have reasonable cause to\nsuspect that a child is an abused or maltreated child where the parent,\nguardian, custodian or other person legally responsible for such child\ncomes before them in their professional or official capacity and states\nfrom personal knowledge facts, conditions or circumstances which, if\ncorrect, would render the child an abused or maltreated child: any\nphysician; registered physician assistant; surgeon; medical examiner;\ncoroner; dentist; dental hygienist; osteopath; optometrist;\nchiropractor; podiatrist; resident; intern; athletic trainer;\npsychologist; registered nurse; social worker; emergency medical\ntechnician; licensed creative arts therapist; licensed marriage and\nfamily therapist; licensed mental health counselor; licensed\npsychoanalyst; licensed behavior analyst; certified behavior analyst\nassistant; hospital personnel engaged in the admission, examination,\ncare or treatment of persons; a Christian Science practitioner; school\nofficial, which includes but is not limited to school teacher, school\nguidance counselor, school psychologist, school social worker, school\nnurse, school administrator or other school personnel required to hold a\nteaching or administrative license or certificate; full or part-time\ncompensated school employee required to hold a temporary coaching\nlicense or professional coaching certificate; social services worker;\nemployee of a publicly-funded emergency shelter for families with\nchildren; director of a children's overnight camp, summer day camp or\ntraveling summer day camp, as such camps are defined in section thirteen\nhundred ninety-two of the public health law; day care center worker;\nschool-age child care worker; provider of family or group family day\ncare; employee or volunteer in a residential care facility for children\nthat is licensed, certified or operated by the office of children and\nfamily services; or any other child care or foster care worker; mental\nhealth professional; substance abuse counselor; alcoholism counselor;\nall persons credentialed by the office of alcoholism and substance abuse\nservices; employees, who are expected to have regular and substantial\ncontact with children, of a health home or health home care management\nagency contracting with a health home as designated by the department of\nhealth and authorized under section three hundred sixty-five-l of this\nchapter or such employees who provide home and community based services\nunder a demonstration program pursuant to section eleven hundred fifteen\nof the federal social security act who are expected to have regular and\nsubstantial contact with children; peace officer; police officer;\ndistrict attorney or assistant district attorney; investigator employed\nin the office of a district attorney; or other law enforcement official.\n (b) Whenever such person is required to report under this title in his\nor her capacity as a member of the staff of a medical or other public or\nprivate institution, school, facility or agency, he or she shall make\nthe report as required by this title and immediately notify the person\nin charge of such institution, school, facility or agency, or his or her\ndesignated agent. Such person in charge, or the designated agent of such\nperson, shall be responsible for all subsequent administration\nnecessitated by the report. Any report shall include the name, title and\ncontact information for every staff person of the institution who is\nbelieved to have direct knowledge of the allegations in the report.\nNothing in this section or title is intended to require more than one\nreport from any such institution, school or agency.\n (c) A medical or other public or private institution, school, facility\nor agency shall not take any retaliatory personnel action, as such term\nis defined in paragraph (e) of subdivision one of section seven hundred\nforty of the labor law, against an employee because such employee\nbelieves that he or she has reasonable cause to suspect that a child is\nan abused or maltreated child and that employee therefore makes a report\nin accordance with this title. No school, school official, child care\nprovider, foster care provider, residential care facility provider,\nhospital, medical institution provider or mental health facility\nprovider shall impose any conditions, including prior approval or prior\nnotification, upon a member of their staff specifically required to\nreport under this title. At the time of the making of a report, or at\nany time thereafter, such person or official may exercise the right to\nrequest, pursuant to paragraph (A) of subdivision four of section four\nhundred twenty-two of this title, the findings of an investigation made\npursuant to this title.\n (d) Social services workers are required to report or cause a report\nto be made in accordance with this title when they have reasonable cause\nto suspect that a child is an abused or maltreated child where a person\ncomes before them in their professional or official capacity and states\nfrom personal knowledge facts, conditions or circumstances which, if\ncorrect, would render the child an abused or maltreated child.\n 2. Any person, institution, school, facility, agency, organization,\npartnership or corporation which employs persons mandated to report\nsuspected incidents of child abuse or maltreatment pursuant to\nsubdivision one of this section shall provide consistent with section\nfour hundred twenty-one of this chapter, all such current and new\nemployees with written information explaining the reporting requirements\nset out in subdivision one of this section and in sections four hundred\nfifteen through four hundred twenty of this title. The employers shall\nbe responsible for the costs associated with printing and distributing\nthe written information.\n 3. Any state or local governmental agency or authorized agency which\nissues a license, certificate or permit to an individual to operate a\nfamily day care home or group family day care home shall provide each\nperson currently holding or seeking such a license, certificate or\npermit with written information explaining the reporting requirements\nset out in subdivision one of this section and in sections four hundred\nfifteen through four hundred twenty of this title.\n 4. Any person, institution, school, facility, agency, organization,\npartnership or corporation, which employs persons who are mandated to\nreport suspected incidents of child abuse or maltreatment pursuant to\nsubdivision one of this section and whose employees, in the normal\ncourse of their employment, travel to locations where children reside,\nshall provide, consistent with section four hundred twenty-one of this\ntitle, all such current and new employees with information on\nrecognizing the signs of an unlawful methamphetamine laboratory.\nPursuant to section 19.27 of the mental hygiene law, the office of\nalcoholism and substance abuse services shall make available to such\nemployers information on recognizing the signs of unlawful\nmethamphetamine laboratories.\n 6. The office of children and family services shall update training\nissued to persons and officials required to report cases of suspected\nchild abuse or maltreatment to include guidance on identifying an abused\nor maltreated child when such child is an individual with an\nintellectual or developmental disability as defined in section 1.03 of\nthe mental hygiene law. Such guidance shall be developed in consultation\nwith the justice center for the protection of people with special needs.\nPersons and officials required to report cases of suspected child abuse\nor maltreatment shall have two years from the effective date of this\nsubdivision to receive such updated mandated reporter training.\n