Who Can Be Reported?

Knowing who has caused harm to a child is a significant factor in determining how to proceed.

• The SCR only registers reports against a parent, guardian, or other person eighteen years of age or older who is legally responsible for the child.

• According to the Family Court Act, persons legally responsible include the child’s custodian, guardian, and any other person 18-years old or older responsible for the child’s care at the relevant time. This includes any person continually or at regular intervals found in the same household as the child when the conduct of such person causes or contributes to the abuse or maltreatment of the child.

• Once the SCR registers a report, the person who is named as causing the harm to the child becomes the “subject of the report.”

• Teachers in most public or private schools do NOT qualify as “subjects of reports” when they are acting as teachers. Teachers can be “subjects of reports” when the incident involves their own child or with a child they have legal responsibility for outside of their role as a teacher.

SPECIAL NOTE: Additional information and definitions regarding the “subject of a report” can be found in SSL§412.