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The New York State Office of Children and Family Services provides definitions for different kinds of abuse.

Physical Abuse

"Non-accidental use of force that results in bodily injury, pain, or impairment. This includes, but is not limited to, being slapped, burned, cut, bruised, or improperly physically restrained."

Sexual Abuse

"Non-consensual sexual contact of any kind. This includes, but is not limited to, forcing sexual contact with self or forcing sexual contact with another person."

Emotional Abuse

"Willful infliction of mental or emotional anguish by threat, humiliation, intimidation or other abusive conduct..."

Financial Exploitation (applies only to elders)

"Improper use of an adult’s funds, property, or resources by another individual. This includes, but is not limited to, fraud, embezzlement, forgery, falsifying records, coerced property transfers, or denial of access to assets."

Active and Passive Neglect

"Active neglect is the willful failure by a caregiver to fulfill care-taking functions and responsibilities. This includes, but is not limited to, abandonment, deprivation of food, medication, water, heat, cleanliness, eyeglasses, dentures, or health-related services. Passive neglect is the non-willful failure to fulfill care-taking responsibilities because of inadequate caregiver knowledge, infirmity, or disputing the value of prescribed services."

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Mandated reporters are persons who are required to make a report when they suspect child and/or elder abuse is taking place.

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Who is a mandated reporter for child abuse?

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Who is a mandated reporter for child abuse?

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The list includes physicians and registered physician assistants, social workers, interns in fields such as medicine, social work, mental health and education, employees of a publicly funded emergency shelter for families with children, psychologists, surgeons, registered nurses, medical examiners, children’s camp directors, coroners, emergency medical technicians, employees who provide home and community-based services who are expected to have regular and substantial contact with children, dentists and dental hygienists, Christian science practitioners, school officials (including but not limited to teachers, guidance counselors, administrators or other school personnel required to hold a teaching or administrative license or certificate), day care center workers, osteopaths, optometrists, law enforcement officers, chiropractors, podiatrists, employees or volunteers in a residential care facility for children, district attorneys and assistant district attorneys, investigators employed in the office of the district attorney, licensed creative arts therapists, licensed marriage and family therapists, foster care workers and any other child care workers, licensed mental health counselors, mental health professionals, athletic trainers, licensed behavior analysts and certified behavior analyst assistants, licensed psychoanalysts, alcoholism counselors, and all persons credentialed by the NYS Office of Alcoholism and Substance Abuse Services.

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Who is a mandated reporter for elder abuse?

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Who is a mandated reporter for elder abuse?

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Unfortunately the current list is much shorter, including adult protective services workers and residential health care facility employees. However, if Senate Bill S8733 passes, the list will be much more substantial and will include many of the roles currently on the list for mandated child abuse reporters.

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Where can mandated reporters make a report for child abuse?

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Where can mandated reporters make a report for child abuse?

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The New York Statewide Central Register of Child Abuse and Maltreatment (SCR)

- (800) 635-1522

- https://ocfs.ny.gov/programs/cps/

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Where can mandated reporters make a report for elder abuse?

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Where can mandated reporters make a report for elder abuse?

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- The New York State Protective Services for Adults Hotline

https://ocfs.ny.gov/programs/adult-svcs/aps/

(800) 342-3009

- Their local Adult Protective Services Office

- NYC311

https://portal.311.nyc.gov/

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When should a mandated reporter make a report?

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When should a mandated reporter make a report?

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Mandated reporters must make a report when they suspect abuse or neglect, specifically when the victim or abuser displays signs of abuse or neglect that the mandated reporter observes while they are acting as a professional.

For child abuse, the information to be included in a report includes (according to NYC Administration of Children's Services):

- Name and address of the child and family members.

- Child's age, sex, and primary language.

- Nature and extent of the child's injuries.

- Type of abuse or neglect, including knowledge of prior history of abuse or neglect of the child or siblings.

- Any additional information that may be helpful.

A more detailed list/form can be found here: https://www.nyc.gov/site/acs/child-welfare/how-to-make-report.page#:~:text=You%20will%20need%20to%20provide%20information%20such,48%20hours%20of%20making%20an%20oral%20report

For elder abuse, the information to be included in a report includes (according to RAINN):

- The identity/location of the person making the report

- The name/address of the residential health care facility (if applicable)

- The names of the operator/administrator of the facility (if known)

- The name of the subject of the alleged abuse, mistreatment, neglect or misappropriation of property (if known)

- The nature and extent of the abuse, mistreatment or neglect

- The date, time, and location of the occurrence

- The names of next of kin or sponsors of the subject of the alleged abuse, mistreatment or neglect (if known)

- Any other information which the person making the report believes would be helpful.

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Everyone should do their part to prevent abuse and neglect, but mandated reporters are legally required to do so. As such, it's important to understand the laws and steps associated with making a report.

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What statutes address mandated reporting?

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What statutes address mandated reporting?

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The New York Social Services Law