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Ken Hammond, USDA
As previously stated, mandated reporters fail to report
child abuse and maltreatment because they feel they cannot
identify abuse correctly and they feel they do not know the
correct procedure for reporting. Additionally, people sometimes
fear that reporting child abuse or maltreatment will destroy
a family. The truth, however, is that reporting should lead
to getting help for the family by protecting the child from
further suffering and harm and by assisting the family in
facing and overcoming its problems. Professionals can all
help end child abuse by their efforts to become more aware
of the signs of child abuse and maltreatment and reporting
suspected cases (PCA-NY, n.d.; NYCACS, 2010; NYS-OCFS, 2009).
As mentioned previously, more than one-half
(57.9%) of all reports made to Child Protective Services agencies
nationally came from professionals who came in contact with
the child as part of their professional responsibilities.
In 2008, the three most common sources of reports were from
professionals-teachers (16.9%), lawyers or police officers
(16.3%), and social services staff (10.6%) (USDHHS-ACF, 2010).
In New York State, many of these professions are required
by law to report suspected abuse or neglect.
Non-professionals submitted approximately
42% of reports. These reports were made by parents, relatives,
friends and neighbors, alleged victims, alleged perpetrators,
anonymous callers, and "other" sources (which may include
clergy members, sports coaches, camp counselors, bystanders,
volunteers, and foster siblings). It is important for everyone
to know the signs that may indicate maltreatment and how to
report it. We all share a responsibility to help keep children
safe as we take steps to prevent abuse from occurring in the
first place.
Professionals Mandated to Report
New York State has identified select professionals,
who bring specific skills to the process, to be in the very
important role of mandated reporter of child abuse or maltreatment.
The complete current list can be found in Section 413 of the
New York Social Services Law. These mandated professionals
are:
- Alcoholism counselor
- Child care or foster care workers
- Chiropractor
- Christian Science practitioner
- Coroner
- Day care center worker
- Dentist
- Dental hygienist
- District attorney or assistant district attorney
- Emergency medical technician
- Employee or volunteer in a residential care facility
for children
- Hospital personnel engaged in the admission, examination,
care or treatment of persons
- Intern
- Investigator employed in the Office of the District
Attorney
- Law enforcement officials
- Licensed creative arts therapist
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- Licensed marriage and family therapist
- Licensed mental health counselor
- Licensed psychoanalyst
- Medical examiner
- Mental health professional
- Optometrist
- Osteopath
- Peace officer
- Physician
- Podiatrist
- Provider of family or group family day care
- Police officer
- Psychologist
- Registered nurse
- Registered physician assistant
- Resident
- School official (As of July 3, 2007, this includes,
but is not limited to: school teachers, guidance counselors,
school psychologists, school social workers, school
nurses, school administrators, or other school personnel
required to hold a teaching or other administrative
license or certification.)
- Social services worker
- Social Worker
- Substance abuse counselor
- Surgeon
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The Role of the Mandated Reporter
By identifying certain professionals as mandated
reporters of child abuse and maltreatment, the State of New
York is attempting to ensure that this select group of individuals
will do so as part of their professional responsibilities.
The role of the mandated reporter is to: report suspected
incidents of child abuse or maltreatment/neglect while acting
in their professional capacity.
When a mandated reporter has reasonable cause
to suspect that a child whom the reporter sees in his/her
professional or official capacity is abused or maltreated,
the professional must report the abuse, maltreatment or neglect.
Additionally, a mandated reporter must report
when s/he has reasonable cause to suspect that a child
is abused or maltreated where the parent or person legally
responsible for the child comes before them in his/her professional
or official capacity and states from personal knowledge facts,
conditions, or circumstances which, if correct, would render
the child abused or maltreated.
Reflecting changes to the child abuse reporting
laws, which came into effect on July 3, 2007, whenever
a mandated reporter suspects child abuse or maltreatment while
acting in her/his professional capacity as a staff member
of a medical or other public or private institution, school,
facility or agency, he or she must report the child abuse
personally, as required by law and then immediately
notify the person in charge of that school, facility institution
or her/his designated agent that a report was made. The mandated
reporter must include, to the best of the reporter's ability,
the names, titles and contact information for each staff person
in the institution who has direct knowledge of the allegations
in the report. The law does not require more than one report
from the institution, school, facility or agency on any one
incident of suspected abuse or maltreatment. The person in
charge of the institution, school, facility or agency, or
the designated agent, is then responsible for all subsequent
administrative actions in support of the report.
The 2007 changes made by the New York State
Legislature clarified that reporting internally to the
person in charge does not discharge the mandated reporter's
obligation to report to the State Central Register. Additionally,
the revised law states that any person in charge of a medical
or other public or private institution, school, facility or
agency may not prevent the staff member, who is a mandated
reporter, from making a report. The revised law specifically
states that no retaliatory personnel actions can be taken
against mandated reporters by the institution. Additionally,
2007 revision to the law stated that no school, school official,
child care provider, foster care provider, residential care
facility provider, hospital, medical institution provider,
or mental health facility provider may impose additional conditions
about reporting, such as prior approval or prior notification,
upon any staff members who are mandated reporters of child
abuse and maltreatment.
Also in 2007, Chapter 513 of the Laws of
2007, also known as Xctasy's Law amended Section 413 of the
Social Services Law. Mandated reporters' responsibility to
report applies when a child, parent, guardian, custodian other
person legally responsible for the child, or any other person
appearing before the social services worker comes before the
mandated reporter in his or her professional or official capacity
and states facts, conditions or circumstances based on personal
knowledge sufficient to give the social services worker a
reasonable cause to suspect child abuse or maltreatment. This
change only affects social services workers; the reporting
standard did not change for other mandated reporters.
Social services workers are identified by
the New York State Office of Children and Family Services
(OCFS) as the following:
- Professional and paraprofessional staff of local social
services districts. This would include child welfare staff,
all professional and paraprofessional local district staff,
regardless of their function or area of responsibility,
who provide services to children and/or families. For example,
public assistance staff, adult protective services workers
and Medicaid staff would be included.
- Professional and paraprofessional staff that provide
services to children and/or families, who work for organizations
or entities that have contracts-as well as individuals who
have contracts or subcontracts- with local social services
districts, as well as providing services related to foster
care, adoption, or preventive services.
- OCFS regional office staff that have responsibilities
for inspections or investigation of complaints at residential
facilities and day care programs, other than those staff
whose sole responsibility is to inspect facilities and investigate
complaints related to physical plant or building safety
issues.
Reasonable Cause to Suspect: Certainty
is not required
Do you as a mandated reporter have to be
certain that abuse, maltreatment or neglect has actually occurred?
Do you need to have proof before you report your suspicions?
In New York State, a mandated reporter can
have "reasonable cause" to suspect that a child is abused
or maltreated, if, considering what physical evidence s/he
observes or is told about, and from his/her own training and
experience, it is possible that the injury or condition was
caused by non-accidental means. The mandated reporter need
not be absolutely certain that the injury or condition was
caused by neglect or by non-accidental means; the reporter
should only be able to entertain the possibility that it could
have been neglect or non-accidental in order to possess the
necessary "reasonable cause".
The mandated reporter does not have to prove
the abuse or maltreatment. It is enough for the mandated reporter
to be suspicious, to distrust or doubt what s/he personally
observes or is told. Many factors can and should be considered
in the formation of that doubt or distrust in potential abuse
cases: Physical and behavioral indicators are helpful in forming
a reasonable basis of suspicion. Although these indicators
are not diagnostic criteria of child abuse, neglect or maltreatment,
they illustrate important patterns that may be recorded in
the written report when relevant.
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