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Mandated Reporter
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.
Whenever a mandated reporter suspects child abuse or maltreatment/neglect 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 immediately notify the person in charge of that school, facility institution or her/his designated agent, who will then also become responsible for reporting or causing a child abuse report to be made to the county Child Protective Services agency. 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. However, reporting internally to the person in charge does not discharge the mandated reporter's obligation to report unless the report is made to the State Central Register. Additionally, the person in charge may not prevent the staff member, who is also a mandated reporter, from making a report.
Reasonable Cause
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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