Preventing Child Abuse Network - Child Abuse and Maltreatment/Neglect: Identification and Reporting

Suspicion of child abuse and maltreatment/neglect must be immediately reported by telephone, at any time of the day, seven days per week.

A written report must be filed within 48 hours of the oral report. Oral telephone reports should be made to the New York State Central Register of Child Abuse and Maltreatment (SCR) by calling the statewide, toll-free telephone number for mandated reporters:

MANDATED REPORTER EXPRESS LINE

1-800-635-1522

General Public: 1-800-342-3720
Outside NY State: 1-518-474-8740

If you suspect that a child is being abused or maltreated/neglected, you should call your local Child Protective Services (CPS) agency or the CPS agency in the State in which the abuse occurred.

As you identify the appropriate agency for making a report, remember the following:

Not every State has a toll free hotline, or the hotline may not operate on a 24-hour basis.
If a toll free (800 or 888) number is available, it may be accessible only from within that State.

Federal agencies have no authority to intervene in individual child abuse and neglect cases.

Each State has jurisdiction over these matters, and has specific laws and procedures for reporting and investigating. In some States, all citizens are mandated reporters by State law and must report any suspicion of child abuse or neglect. Each state has its own procedure for reporting child abuse. A listing of phone numbers for the states that have them is available at http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5&rate_chno=11-11172.

If a number is not listed, or if you need to report suspected abuse in a State other than your own, call:

Childhelp® USA National Child Abuse Hotline
1-800-4-A-CHILD® (1-800-422-4453)
TDD: 1-800-2-A-CHILD

Childhelp® USA is a non-profit agency which can provide reporting numbers, and has Hotline counselors who can provide referrals.

Mandated reporters can prepare themselves to make the report by compiling information needed for the report. While having all of the information needed would be ideal, the mandated reporter should not wait to report just because some of the information is missing. To the extent possible, when calling to report child abuse or maltreatment/neglect, attempt to provide the following information:

Information that should be included in the telephone report:

The names and addresses of the child and his/her parents or other person responsible for his/her care;
The child's age, gender and race;
The nature and extent of the child's injuries, abuse or maltreatment/neglect, including any evidence of prior injuries, abuse or maltreatment of the child or his/her siblings;
The name of the person or persons responsible for causing the injury, abuse, or maltreatment/neglect; family composition;
Where is the child now? Where are the siblings now?
The source of the report: The person making the report and where s/he can be reached;
The actions taken by the reporting source, including the taking of photographs or X-rays, removal or keeping of the child, or notifying the medical examiner or coroner; and
Any additional information that might be helpful; for example, are there special needs or medications? What are they? Are there concerns for the local CPS such as weapons or drugs in the home?

A written report, signed by the reporter, must be filed with the local child protective service (CPS) within 48 hours of the oral report. You may request the address of the investigative district from the child protective specialist at the time you make the oral report to the State Central Register of Child Abuse and Maltreatment.

A written report that involves a child who is in foster care or in residential care, should be submitted to the New York State Child Abuse and Maltreatment Register, 40 North Pearl Street, Albany, NY 12243. Mandated reporters may wish to maintain additional careful notes for their own personal records, noting important information such as dates, times, places, names of individuals involved in any aspect of the case.

Mandated reporters may wish to maintain additional careful notes for their own personal records, noting important information such as dates, times, places, names of individuals involved in any aspect of the case. The written report can be accessed at http://www.ocfs.state.ny.us/main/cps/.

For the purpose of reported suspected cases of child abuse and maltreatment/neglect to the SCR and CPS, it is important to understand the definition of who can be the "subject of the report".

The Subject of the report means any:

Parent
Guardian
Custodian, or
Other person 18 years of age or older who is legally responsible for a child reported to the SCR and who is allegedly responsible for causing - or allowing the infliction of - injury, abuse, or maltreatment/neglect of such child.
The operator of, employee of, or volunteer in a home operated or supervised by an authorized agency, the Division for Youth, or an office of the Department of Mental Hygiene, or
- A family day-care home, day-care center, group family day-care home, or a day services program
- And who is allegedly responsible for causing - or allowing the infliction of injury, abuse or maltreatment/neglect to a child who is reported to the SCR.

Abuse and maltreatment/neglect can certainly be caused by persons other than parents or the person who is legally responsible for the child's care, such as neighbors or strangers.

Such individuals might not fit the legal definition of the "subject of the report". In these cases, it is the law enforcement authorities that should be contacted directly. If a mandated reporter calls the SCR in a situation in which the person allegedly responsible for the abuse or maltreatment/neglect cannot be the subject of a report, and if the SCR believes that the alleged acts or circumstances described by the mandated reporter may constitute a crime or an immediate threat to the child's health or safety, the SCR is required by law to transmit the information contained in the call to the appropriate law enforcement agency, district attorney or other public official empowered to provide necessary aid or assistance.

After taking the report of child abuse or maltreatment/neglect from a mandated reporter, staff at the SCR, based on the information provided, will make a determination if the report is to be registered and investigated by the local Child Protective Service (CPS), if it will be referred to law enforcement, or if the report is not to be registered.

In approximately two-thirds (67 percent) of these cases in the US in 2003, the information provided in the report was sufficient to prompt an assessment or investigation. In such cases, the CPS unit of the local department of social services is required to begin an investigation of each report within 24 hours. The investigation should include an evaluation of the safety of the child named in the report and any other children in the home, and a determination of the risk to the children if they continue to remain in the home.

CPS may take a child into protective custody if it is necessary for the protection from further abuse or maltreatment. Based upon an assessment of the circumstances, CPS may offer the family appropriate services. The CPS caseworker has the obligation and authority to petition the Family Court to mandate services when they are necessary for the care and protection of a child.

After conducting interviews with family members, the alleged child victim, and sometimes other people familiar with the family, the CPS agency makes a determination concerning whether the child is a victim of abuse or neglect, or is at risk of abuse or neglect. This determination is often called a disposition. Approximately 30 percent of the reports included at least one child who was found to be a victim of abuse or neglect. About 58 percent of the reports were found to be unsubstantiated; the remaining reports were closed for additional reasons.

CPS has 60 days after receiving the report to determine whether the report is "indicated" or "unfounded". The law requires CPS to provide written notice to the parents or other subjects of the report concerning the rights accorded to them by the New York State Social Services Law. The CPS investigator will also inform the SCR of the determination of the investigation. The SCR may refer the report to law enforcement. This may occur if the "Subject of the Report" is not someone who meets the legal definition. The perpetrator of the abuse may not be someone who has the legal responsibility for the child. In such cases, referrals to law enforcement agencies are made in order to execute the appropriate legal action. There are situations in which both law enforcement and CPS will be involved, depending on who is the subject of the report and the nature of the injury and if any crimes have been committed.

Section 422.4 of the social Services Law provides that a mandated reporter can receive, upon request, the findings of an investigation made pursuant to his/her report. This request can be made to the SCR at the time of making the report or to the appropriate local CPS at any time thereafter. However, no information can be released unless the reporter's identity is confirmed.

If the request for information is made prior to the completion of an investigation of a report, the released information shall be limited to whether the report is "indicated" (substantiated), "unfounded", or "under investigation".

If the request for information is made after the completion of an investigation of a report, the released information shall be limited to whether a report is "indicated" or, if the report has been expunged, that there is "no record of such report", whichever the case may be. Reports are expunged for lack of credible evidence of alleged abuse or maltreatment/neglect after an investigation, or ten years after the 18^th birthday of the youngest child named in the report.