CA7
- The CPS determinates of what information is essential.
- If CPS believes that the mandated reporter has additional essential information pertaining to the report, CPS should ask the mandated reporter for the additional records and attempt to come to agreement regarding any additional records.
- If CPS and the mandated reporter cannot come to agreement and CPS disagrees with the mandated reporter’s rationale for why the records are not relevant to the report, CPS may seek a court order pursuant to CPLR Article 31 and SSL §415 directing the mandated reporter to produce the essential information.
- The records that CPS requests should be limited only to information that directly pertains to the report itself.
- This supports a full investigation of allegations of child abuse or maltreatment.
- Materials included are:
- Records relating to diagnosis, prognosis, or treatment
- Clinical records of any patient or client
- Written reports from Mandated Reporters shall be admissible in evidence in any proceedings relating to child abuse or maltreatment.
- The statutory amendments do not require written consent and are intended to promote CPS getting the needed supplemental information that supports the initial report.