Mandated Reporter Records

Mandated Reporter Records

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  • Effective November 21, 2005, an amendment to SSL §415 requires mandated reporters who make a report that initiates an investigation of an allegation of child abuse or maltreatment to comply with all requests for records made by CPS relating to such report.
  • The mandated reporter to whom the request makes the determination 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 amendment to SSL §415 only applies to the records of the mandated reporter who made the report of suspected child abuse or maltreatment. Additionally, the records that CPS requests should be limited only to information that directly pertains to the report itself.

The purpose  of the inclusion of these records is to support a full investigation of allegations of child abuse or maltreatment.
This language is not intended to be an expansion of a mandated reporter’s current obligation. Since the passage of the federal HIPAA, confusion has arisen regarding the obligations of a mandated reporter to provide copies of written records that underlie the report. The intent of the amendment to SSL §415 is to make clear that the mandated reporter’s obligation also extends to the provision of the records necessary to investigate the report, as has always been the case.

Materials included are:

  • Records relating to diagnosis, prognosis, or treatment
  • Clinical records of any patient or client

 

SPECIAL NOTE: Disclosure of substance abuse treatment records are pursuant to the standards and procedures for disclosure of such records delineated in federal law.

  • 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.