Child abuse and neglect, trauma, and adverse childhood experiences (ACEs) are seen in many areas of clinical practice.  The content for this course uses the hospitalized child as a specific model.  It is important when reviewing the information that professionals realize that the indicators of child abuse, maltreatment and neglect can be applied to all practice settings in which professionals interact with children and their families/caregivers.  Child abuse identification and reporting are not limited to one setting.

Reprinted with permission from Corporate Graphics Resource.

Chapter 544 of the laws of New York State (1988), as amended, established a requirement for certain professions (see Table 1) to provide documentation of having completed a minimum of two hours of coursework or training regarding the identification and reporting of child abuse and maltreatment (New York State Education Department, Office of the Professions [NYSED, OP], 2009).  The law further states that the coursework or training must be obtained from a provider approved for this purpose by the New York State Education Department (NYSED).  The New York State Nurses Association (NYSNA) has been approved as a provider and this course meets the training requirements. In addition, Chapter 394 was amended to provide information for persons in the normal course of their employment, or who travel to locations where children reside, to recognize signs of an unlawful (clandestine) methamphetamine laboratory (New York State Office of Alcoholism and Substance Abuse Services, n.d.).

Regardless of the mandated reporter’s professional discipline or location of provided services, it is important to understand the responsibility of all professionals to be able to recognize child abuse/neglect, trauma, and ACEs and to engage in appropriate interventions.

Who Is Mandated to Report

Social Service Law

Section 413 of Social Services Law (SSL) in New York State identifies professionals and officials who are required to report cases of suspected child abuse or maltreatment.

New York State Office of Children and Family Services (NYSOCFS) ( (08-OCFS-INF-01 Mandated Reporters, Chapter 193 of the Laws of 2007, https://ocfs.ny.gov/main/policies/external/OCFS_2008/INFs/08-OCFS-INF-01%20Mandated%20Reporters,%20Chapter%20193%20of%20the%20Laws%20of%202007%20(replaces%2007-OCFS-INF-07).pdf (replaces 07-OCFS-INF-07) (ny.gov))states:

• October 1, 2007, Chapter 193 of the Laws of 2007 were amended for those mandated reporters who work for a school, child care provider, foster care facility, residential care facility, hospital, medical institution or mental health facility, and who have direct knowledge of any allegation(s) of suspected child abuse or maltreatment.
• These persons must personally make a report to the Statewide Central Register of Child Abuse and Maltreatment (SCR) and then immediately notify the person in charge of the institution or his/her designated agent that a report has been made. 
• The person in charge, or the designated agent of such person, is then responsible for all subsequent internal administration necessitated by the report.  This may include providing follow-up information (ex. relevant information contained in the child’s educational record) to Child Protective Services (CPS).
• CPS needs strong partnerships within the community to help prevent child abuse and maltreatment.

Note:  Notification to the person in charge or designated agent of the medical or other public or private institution, school, facility or agency does not absolve the original mandated reporter of his or her responsibility to personally make a report to the SCR.  A mandated reporter who has direct knowledge of possible child abuse or maltreatment, and not the person in charge of the institution, school, facility, or agency, who does not have direct knowledge of the alleged abuse or maltreatment, must make the initial report to SCR. 

• All initial or subsequent reports made to the SCR shall include the name, title and contact information for every staff person of an institution that is believed to have direct knowledge of the allegations contained in the report.  Nothing in Chapter 193, however, is intended to require that more than one report from any such institution, school or agency be made to the SCR.
• No medical or other public or private institution, school, facility, or agency shall take retaliatory personnel action against an employee who made a report to the SCR.  Furthermore, no school or school official, child care provider, residential care facility provider, hospital or medical institution provider, or mental health facility provider shall impose any conditions - including prior approval or prior notification - upon a member of their staff mandated to report suspected child abuse or maltreatment.
• At the time of the making of a report, or at any time thereafter, such person or official may exercise the right to request, pursuant to paragraph (A) of subdivision four of Section 422 of this article, the finding of an investigation made pursuant to this title or Section 45.07 of the mental hygiene law.
  
  (NYSOCFS, 2011)

Anytime mandated reporters suspect child abuse or maltreatment—and fail to report it—they can be found guilty of a Class A misdemeanor. This misdemeanor can result in a penalty of up to a year in jail, a fine of up to $1,000, or both. In addition, a mandated reporter who fails to make a required report to the SCR can be sued in civil court for monetary damages for any harm caused by the failure to report, including wrongful death (NYSOCFS, 2017, 2016).

Upon successful completion of this course, results are uploaded electronically to the NYSED, Licensing Division every day at 4:00 p.m. (EST).

A new certificate of completion will be issued as proof participants have completed the updated three-hour program, along with the usual and customary NYSNA certificate of completion with the ANCC and IACET logos. 

Even if NYSNA has previously submitted information directly to the Department of your successful completion of the child abuse program, NYSNA is still required to issue this new certificate to those practitioners who successfully complete the newly revised program. It is the responsibility of each practitioner to submit the completed new certificate to the State Education Department. NYSNA will NOT submit this completed new certificate to the NYSED as required by law.

Directions for completing the new NYSED certificate:

1. Complete the Child Abuse program and exam.
2. Download your NYSNA certificate of completion with the ANCC and IACET logo and keep this copy for your personal records.
3. Download the new NYSED certificate of completion.

DO NOT FILL IN SECTION 1 (YOUR SOCIAL SECURITY NUMBER) OR SECTION 6 (MOTORIST ID). NYSNA does not keep copies of learner's social security and motorist ID numbers in its database.

4. Make sure the information in Section 1, Numbers 2, 3, 4, 5, and 7 are correct. Make any necessary corrections.
5. Sign the new NYSED certificate of completion in Section 1, Line 8.
6. Return the signed copy of the NYSED certificate of completion to NYSNA at: courses@nysna.org (with lines 2, 3, 4, 5, and 7 completed).
7. After returning your signed certificate to courses@nysna.org, fill in your social security number and motorist ID. Keep a copy of the fully completed certificate for your personal records.
8. Submit the completed NYSED certificate of completion in accordance with the directions noted on the new certificate of completion (also below).
• If this certification of completion is being submitted in support of an application for New York State Licensure or Permit, Return Directly to: New York State Education Department, Office of the Professions, Division of Professional Licensing Services, [Be sure to give name of profession], 89 Washington Avenue, Albany, NY 12234-1000.
• If this certification of completion is being submitted in support of an application for reregistration of a New York State license: Make sure to include this completed form with your reregistration application.
• If this certification of completion is being submitted in support of an application for New York State Teacher Certification, Return directly to: New York State Education Department, Office of Teaching, 89 Washington Avenue, Albany, NY 12234-1000.

Agency Responsibilities

Any person, institution, school, facility, agency, organization partnership or corporation which employs persons mandated to report suspected incidents of child abuse or maltreatment shall provide all such current and new employees with written information explaining the reporting requirements.  The employers shall be responsible for the costs associated with printing and distributing the written information.

Any state or local government agency or authorized agency which issues a license, certificate or permit to an individual to operate a family day care home or group family day care home shall provide each person currently holding or seeking such a license, certificate or permit with written information explaining the reporting requirements (NYSOCFS, 2011).

The person in charge or designated agent, when advised by a mandated reporter that the report was made to the SCR by another mandated reporter, shall confirm with the mandated reporter who made the call that a report was made and accepted by the SCR.  The organization should establish a policy as to how this confirmation will be accomplished.  When a report is accepted, the SCR will advise the mandated reporter who made the report of the SCR number assigned to the report.  Included in the policy should be the process in which the mandated reporter notifies the agency of the SCR number assigned to the report and a way in which other mandated reporters in that organization who would have contact with the child, that a report was made, as every mandated reporter is not required to file a separate report if they know that a report of alleged abuse has been made.

• The Offices of Children and Family Services (OCFS), the SCR, local CPS agencies and mandated reporters have a shared mission to promote the well-being of New York’s children, families and communities.
• Mandated reporters are legally obligated to call the SCR only in certain circumstances, which will be described throughout this program.
• In certain circumstances, families in crisis may not meet the legal criteria required to call the SCR and may be better served by being connected to a variety of community services in their area. Those circumstances will be described throughout this program.
• Resources for practitioners and families include:
  • The OCFS H.E.A.R.S. – Help, Empower, Advocate, Reassure and Support - family line assists families by providing resources and referrals to a variety of services such as food, clothing, housing, childcare, parenting education and more. Representatives are available to help Monday through Friday 8:30am-4:30pm. If you know a family that could use support, please ask them to call the OCFS HEARS family line at 888-554-3277.
  • OCFS lists on its website resources on adverse childhood experiences, including information on how to access a wide variety of services: https://ocfs.ny.gov/programs/cwcs/aces.php.
  • NY Project Hope provides emotional support for New York State residents. This includes an Emotional Support Helpline (1-844-863-9314), Online Wellness Groups, and a website filled with supportive resources (NYProjectHope.org).   
  • The New York State Office for the Prevention of Domestic Violence has a website that provides a number of resources for people who may be experiencing, or are survivors of, domestic violence: https://opdv.ny.gov/survivors-victims.
  • Prevent Child Abuse New York also has a prevention and parent helpline available for parents and caregivers that is confidential and multi-lingual and can refer or connect caregivers to community-based services. This helpline is available Monday through Friday from 9am-4pm at 1-800-CHILDREN.
  • Parents and caregivers may also call 2-1-1, operated by the United Way, for health and human services information, referrals, assessments, and crisis support to help them find the assistance they need to address the everyday challenges of living, as well as those that develop during times of disaster or other community emergencies. 2-1-1 is multi-lingual and available 24 hours a day 7 days a week.
  • For more information on what services are available for children and parents in your community, visit: http://nysmandatedreporter.org

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