New York State Mandated Reporter Law: Reasonable Cause to Suspect

There appears to be a great deal of confusion in the City School District of New Rochelle about the Mandated Reporter law and the obligations of school district employees under the law.

Some people believe that a complaint cannot be filed unless “hard evidence” exists. In fact, the bar is quite low. All that is required to trigger a requirement to report is “reasonable cause to suspect”.

The exact language is that a mandated reporter must file a report or cause a report to be filed if they have “reasonable cause to suspect that a child coming before them in their professional or official capacity is an abused or maltreated child”.

Who are Mandated Reporters in New York State?

There is a long list of jobs and professions that fall under the Mandated Reporter law. Among school officials that list includes but is not limited to school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator or other school personnel required to hold a teaching or administrative license or certificate.

For further information see, N.Y. SOS. LAW § 413 : NY Code – Section 413: Persons and officials required to report cases of suspected child.

When the standard of “reasonable cause to suspect” is met a mandated reporter must “make the report as required by this title and immediately notify the person in charge of such institution, school, facility or agency, or his or her designated agent.”

When the person in charge, or their agent, is notified, they become responsible if they fail to act and allow the abuse or neglect to continue.

“Not only can a person be abusive to a child if they perpetrate any of these actions against a child in their care, they can be guilty of abusing a child if they allow someone else to do these things to that child.”

If a report is made, no organization make take any retaliatory personnel action against an employee because such employee believes that “he or she has reasonable cause to suspect that a child is an abused or maltreated child and that employee therefore makes a report in accordance with this title.”

In short, if there is suspicion of possible child abuse or neglect, mandated reporters are required to notify or cause notification of Child Protective Services. Mandated reporters do not investigate, gather evidence or testimony or otherwise seek to prove child abuse or neglect. They refer the matter to Child Protective Services which then investigates and makes a determination.