VIN reported In order to clarify existing regulations requiring all staff members in New York state non-public schools to report suspected incidents of child abuse to the authorities, the New York State Education Department has updated its web page to eliminate any possible ambiguities.
Thus Yeshiva staff are officially mandated reports and are not to ask permission either from the administration or their rabbis before reporting suspected child abuse.
Q: Before making a report to the Statewide Central Register of Child Abuse and Maltreatment, is a mandated reporter in a school legally permitted to first ask permission from the person in charge of the school?
A: No. Section 413(1)(b) of the Social Services Law provides that when a mandated reporter is required to make a report (which would be when the mandated reporter has reasonable cause to suspect that a child has been abused or maltreated), the mandated reporter must make the report. After making the report, the mandated reporter must notify the person in charge of the school that the report was made. That notification comes after the report was made, not before.
Q: Is the answer any different if the mandated reporter works in a school that is religiously affiliated and the person in charge of the school is a member of the clergy?A: No. The mandated reporter must make a report once the mandated reporter has reasonable cause to suspect that a child has been abused or maltreated. The mandated reporter may not ask permission from the person in charge of the school, even if that person is a member of the clergy.