Abuse | Child Abuse (Includes Child Abuse in an Educational Setting)
Educational Abuse Reporting-Applies to Abuse Which Occurs In the School Setting
- Child Abuse in an Educational Setting-Article 23-B, NYS Consolidated Laws - Links to the NYSED webpage which describes the law
- Education Law 23-B Reporting Requirements for Report of Child Abuse in an Educational Setting-NYSED Student Support Services -Article 23-B of the Education Law effective July 1, 2001, requires certain school employees to report allegations of child abuse in an educational setting. The law establishes a reporting process that must be followed. This information provides schools with various roles and responsibilities required under the law.
General Child Abuse Reporting
Applies to abuse committed by a parent or other person legally responsible for his/her care inflicts upon the child serious physical injury, creates a substantial risk of serious physical injury, or commits an act of sex abuse against the child. 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. Child Abuse is defined in law at Section 412 of the Social Services Law and in Section 1012 of the Family Court Act.
The NYS Laws which apply to child abuse reporting can be viewed here. Go to SOS (Social Services)>Article 6>Title 6. Section 414 states that any person who has reason to suspect abuse may report.
NYSED Memo: Regulations Requiring Posting of the Child Abuse Hotline Telephone Number and Directions to Accessing the New York State Office of Children and Family Services (OCFS) Website (2/21/17). School districts and charter schools are required to post the toll-free telephone number operated by the NYS Office of Children and Family Services (OCFS) to receive reports of child abuse or neglect, and directions to access the OCFS website in both English and Spanish. Attachment A in this memo contains the full text of the amended regulations of the Commissioner of Education Pursuant to Education Law sections 101, 207, 409-l and Chapter 105 of the Laws of 2016, Subdivision (nn) shall be added to section 100.2 of the Regulations of the Commissioner of Education defining this requirement.
NYSED Memo: Regulatory Changes Pertaining to Child Protective Services Workers Conducting Interviews of Children in Schools (11/29/16). Provides information regarding requirements of school districts and charter schools to provide access to a child, and provide certain information to representatives of Child Protective Services (CPS), or members of a multi-disciplinary team accompanying a representative of CPS. Representatives of CPS and other members of a multi-disciplinary team accompanying a representative of CPS may be asked to provide photographic employment identification or an alternate form of government issued photographic identification.
Report of Suspected Child Abuse or Maltreatment form (2221A)-This form must be submitted to the appropriate local CPS by mandated reporters within 48 hours of an 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 Statewide Central Register of Child Abuse and Maltreatment.
Frequently Asked Questions for Mandated Reporters in NY State
Summary Guide for Mandated Reporters in NYS-Provides mandated reporters with an overview of their obligations and some basic information about the New York State Child Protective Services (CPS) system (includes mandated reporter hotline telephone numbers)
Mandated Training for Identification and Reporting of Child Abuse in New York State
Mandated Training Pertaining to Child Abuse-NYS Office of Professions Mandated Training Related to Child Abuse
Child Welfare Information Gateway-Resources on child welfare, abuse and neglect, out-of-home care, adoption, and more. Printed and electronic publications, websites, databases, and online learning tools including resources that can be shared with families. (Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services)
Recognizing & Reporting Child Abuse & Neglect: Questions Often Asked By Friends, Neighbors, and Relatives-Prevent Child Abuse New York