Legal Protections

Picture9Mandated reporters have a legal obligation to report, but there is also a framework for protections and guidance to support them. There are three components to the legal framework applicable to mandated reporters:

1.  Immunity from Liability

  • Some mandated reporters face a conflict between their legal obligation to report and their legal obligation to maintain client or patient confidentiality.
  • Mandated reporters are immune from any criminal or civil liability if the report was made in good faith.
  • The good faith of such a person, official, or institution required to report is presumed. This means that if a person accuses you of making a false report in good faith, they have to PROVE you acted with gross negligence or willful misconduct.

2.  Confidentiality

  • New York State law provides confidentiality to those who make a report.
  • Refer to SSL§422 (4)(A). (Refer to Social Service tab.)
  • OCFS and the local CPS are NOT permitted to release to the subject of the report any data that would identify the source of the report, unless the reporter has given written permission for OCFS or CPS to do so.
  • Information regarding the report source may be shared by OCFS or the local CPS with certain individuals (e.g., courts, police, district attorney), but only as provided by law.

3.  Penalties for Failure to Report

  • Mandated reporters are subject to serious consequences for failure to report.
  • A mandated reporter who fails to report can be found guilty of a Class A misdemeanor. A class A misdemeanor can result in a penalty of up to a year in jail, a fine of up to $1,000.00, or both.
  • Additionally, failing to report may result in a lawsuit in civil court for monetary damages for any harm caused by the mandated reporter’s failure to make the report to the SCR, including wrongful death suits.

No medical or other public or private institution, school, facility, or agency shall take any retaliatory personnel action against an employee who made a report to the SCR. No school, school official, child care provider, foster care provider, residential care facility provider, hospital, 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.