The Child Protective Services Act of 1973 established the SCR as the primary recipient of calls regarding suspected abuse and maltreatment of children in New York State. When a mandated reporter suspects abuse or maltreatment, an oral report must be made by calling the SCR. Trained Child Protective Specialists at the SCR receive calls through the toll-free telephone lines 24 hours a day, 7 days a week, 365 days a year [Social Services Law (SSL) §422(2)(a)].

Calls to the SCR come through the:

• Mandated Reporter Line (1-800-635-1522)
• Public Line (1-800-342-3720)
• Mandated Reporter Fax Line (1-800-635-1554)
• Hearing Impaired TTY Line (1-800-638-5163)

The SCR is equipped to receive calls from those who are Limited English Proficient (LEP) on either the public or mandated reporter line by use of a telephone language interpretation service.

The Office of Children and Family Services, SCR, local CPS agencies, and mandated reporters have a shared mission. They promote the well-being of New York’s children, families, and communities. SCR functions as a single contact for reporting child abuse or maltreatment while CPS is in each local department of social services.

Within 48 hours of an oral report, mandated reporters must file a signed, written report called: Report of Suspected Child Abuse or Maltreatment (LDSS-2221A). If as a mandated reporter, you believe that a child is in immediate danger, call 911 or your local police department.

While anyone may make a report of suspected abuse, reports made by mandated reporters are more likely to be registered—accepted by the SCR for further investigation. It is likely because of better reporting based on training and professional awareness.

For more information see: https://ocfs.ny.gov/programs/cps/manual/.

2.1 Who Is Mandated to Report?

Effective until December 22, 2025, certain persons and officials are required to report or cause a report to be made when they have reasonable cause to suspect that a child coming before them in their professional or official capacity is an abused or maltreated child, or when a child comes before them in their professional or official capacity and states from personal knowledge facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child (NYS Senate, 2024, February 9).

2.1.1 What Is Reasonable Cause to Suspect?

Reasonable cause to suspect child abuse or maltreatment means that, based on your factual observations, professional training, and experience, you have a suspicion that a parent or other person legally responsible for a child is responsible for harming that child or placing that child in imminent danger of harm. Your suspicion can be as simple as distrusting an explanation for an injury (SSL §413; NYSOCFS, 2024 May 2).

Distrust or doubt is enough; inconsistent explanations that do not match your observations or knowledge may be the cause of reasonable suspicion. You do not have to be positive, nor do you have to have proof the abuse or maltreatment is occurring or has occurred. When you have reasonable cause to suspect, it is your duty as a mandated reporter to call the SCR immediately and make a report.

Your duty is not relieved because another agency or individual has filed or may have filed a report. You must file a report as well. The sooner an incident is reported, the sooner protection for the child and assistance to the family can be provided. In addition, what you observe may be different from what others report, and all the information together is relevant to the SCR to determine whether to register a report (NYSOCFS, 2023).

When analyzing a situation for reasonable cause to suspect child abuse or maltreatment, organize your thinking by asking yourself these four questions:

• What indicators are present?
• Is there reasonable cause to suspect abuse or maltreatment?
• Is there a parent or other person responsible for the suspected abuse or maltreatment?
• What are your next steps?

2.1.2 Two Scenarios

Scenario A

A mother delivers a baby who has neonatal drug withdrawal. When talking to the mother, you learn she has not prepared for the baby to come home.

What indicators are present?

• Neonatal drug withdrawal
• No plan for the baby

Is there reasonable cause to suspect abuse or maltreatment?

• Yes

Is there a person responsible for the suspected abuse or maltreatment?

• Mother

What are your next steps?

• Call in report to SCR

Scenario B

A 7-year-old boy comes to the doctor’s office for a physical. He has a bruise on the left side of his face and scratches along his left arm. The boy claims he fell off his bicycle. He lives with his mother, a single parent. His mother says he is very active and sometimes is a behavior challenge at school.

What indicators are present?

• Bruises and scratches

Is there reasonable cause to suspect abuse or maltreatment?

• No, the story is consistent with a bike injury. Injuries from an accidental fall would be along one side of the body.

Is there a person responsible for the suspected abuse or maltreatment?

• No

What are your next steps?

• Treat the child’s injuries as needed

2.1.2 What Is Professional Capacity?

Mandated reporters are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect child abuse or maltreatment in a situation where a child, parent, or other person legally responsible* for the child is before the mandated reporter when the mandated reporter is acting in their official or professional capacity (NYSOFCS, 2024 April). 

*Other person legally responsible: a guardian, caretaker, or other person 18 years of age or older who is responsible for the care of the child.

The individuals listed the previous section are operating in their professional role and are therefore legally mandated to report suspected child abuse or maltreatment whenever they are practicing their profession. For example, a doctor who is examining a child in their practice and has a reasonable suspicion that the child is experiencing abuse must report their concern (NYSOFCS, 2024 April).  

In contrast, a doctor who witnesses child abuse when riding their bike while off-duty is not legally mandated to report that abuse but may choose to report. The mandated reporter’s legal responsibility to report suspected child abuse or maltreatment ceases when the mandated reporter stops practicing their profession (NYSOFCS, 2024 April).

[Unless otherwise noted, the following section is from NYS Senate, 2024, February 9].

Whenever such person is required to report in their capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, they shall make the report and immediately notify the person in charge of such institution, school, facility, or agency, or their designated agent.

The person in charge—or their designated agent—is responsible for all subsequent administration necessitated by the report. The report must include the name, title, and contact information for every staff person who is believed to have direct knowledge of the allegations in the report.

No school, school official, childcare provider, foster care provider, residential care facility provider, hospital, medical institution provider or mental health facility provider shall impose any conditions, including prior approval or prior notification, upon a member of their staff specifically required to report child abuse. At the time of the making of a report, or at any time thereafter, such person or official may exercise the right to request the findings of an investigation.

Social services workers are required to report or cause a report to be made when they have reasonable cause to suspect that a child is an abused or maltreated child where a person comes before them in their professional or official capacity and states from personal knowledge facts, conditions, or circumstances which, if correct, would indicate the child is being abused or maltreated.

Any person, institution, school, facility, agency, organization, partnership, or corporation that employs mandated reporters will provide all current and new employees with written information explaining reporting requirements. The employers are responsible for the costs associated with printing and distributing the written information.

Any state or local governmental agency or authorized agency that issues a license, certificate, or permit to an individual to operate a family daycare home or group family daycare home shall provide each person currently holding or seeking such a license, certificate, or permit with written information explaining the reporting requirements.

Any person, institution, school, facility, agency, organization, partnership, or corporation, which employs mandated reporters, and whose employees, in the normal course of their employment, travel to locations where children reside, shall provide all such current and new employees with information on recognizing the signs of an unlawful methamphetamine laboratory. The office of alcoholism and substance abuse services shall provide employers with information on recognizing the signs of unlawful methamphetamine laboratories.

The Office of Children and Family Services shall update training issued to persons and officials required to report cases of suspected child abuse or maltreatment to include protocols to reduce implicit bias in the decision-making processes, strategies for identifying adverse childhood experiences, and guidelines to assist in recognizing signs of abuse or maltreatment while interacting virtually (NYS Senate, 2024, February 9).

2.2 What Is a Mandated Reporter’s Role?

[Unless otherwise noted, this section is from NYS Social Services Law §413.]

While acting in their professional or official capacity, a mandated reporter’s role is to:

• Report suspected incidents of child abuse or maltreatment/neglect.
• Make the report to the Statewide Central Register immediately upon the development of reasonable cause to suspect child abuse or maltreatment.

A report is required when:

• A reporter has reasonable cause to suspect that a child coming before the reporter in his or her professional or official capacity is an abused or maltreated child.
• A reporter has reasonable cause to suspect that a child is an abused or maltreated child where the parent, guardian, custodian, or other person legally responsible for the child comes before them in their professional official capacity and states—from personal knowledge—facts, conditions, or circumstances that, if correct, would render the child an abused or maltreated child.

The law also states that (1) whenever a mandated reporter is required to report as a member of the staff of a medical or other public or private institution, school, facility, or agency, he or she shall make the report as required—reports must contain the names of all other staff persons with direct knowledge of the allegations—but the law does not require more than one report from the agency for a single incident; and, (2) no retaliatory personnel action is allowed.

2.3 Who Can Be Reported?

Knowing who has caused harm to a child is a significant factor in determining how to proceed. The person legally responsible may be a:

• parent/relative/person with access to the child
• guardian
• custodian
• daycare provider
• residential care staff

The SCR only registers a report against a parent, guardian, or other person eighteen years of age or older who is legally responsible for the child. Once the SCR registers a report, the person named as causing the harm to the child becomes the subject of the report. Additional information and definitions may be found in the Social Services Law §412 (NYSOCFS, 2023).

According to the Family Court Act (Fam. Ct. Act §1012(g)), persons legally responsible include the child's custodian, guardian, or any other person 18 years old or older responsible for the child's care at the relevant time. Custodian may include any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or maltreatment of the child.

Teachers in most public or private schools do not qualify as subjects of reports when they are acting as teachers. They may be subjects when the incident involves their own child or a child for whom they have legal responsibility outside their role as a teacher (NYSOCFS, 2023).

2.4 Additional Requirements for Social Service Workers

Mandated reporters who are social services workers have expanded reporting requirements. Social services workers are required to report when, in their official or professional role, they are presented with a reasonable cause to suspect child abuse or maltreatment where any person is before the mandated reporter and the mandated reporter is acting in their official or professional capacity (NYSOFCS, 2024 April).