New York Consolidated Laws

N.Y. Social Services Law § 413 (2026)

Persons and officials required to report cases of suspected child abuse or maltreatment

✓ current as of May 2026
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§ 413. Persons and officials required to report cases of suspected
child abuse or maltreatment. 1. (a) The following persons and officials
are required to report or cause a report to be made in accordance with
this title when they have reasonable cause to suspect that a child
coming before them in their professional or official capacity is an
abused or maltreated child, or when they have reasonable cause to
suspect that a child is an abused or maltreated child where the parent,
guardian, custodian or other person legally responsible for such child
comes before them in their professional or official capacity and states
from personal knowledge facts, conditions or circumstances which, if
correct, would render the child an abused or maltreated child: any
physician; registered physician assistant; surgeon; medical examiner;
coroner; dentist; dental hygienist; osteopath; optometrist;
chiropractor; podiatrist; resident; intern; athletic trainer;
psychologist; registered nurse; social worker; emergency medical
technician; licensed creative arts therapist; licensed marriage and
family therapist; licensed mental health counselor; licensed
psychoanalyst; licensed behavior analyst; certified behavior analyst
assistant; hospital personnel engaged in the admission, examination,
care or treatment of persons; a Christian Science practitioner; school
official, which includes but is not limited to school teacher, school
guidance counselor, school psychologist, school social worker, school
nurse, school administrator or other school personnel required to hold a
teaching or administrative license or certificate; full or part-time
compensated school employee required to hold a temporary coaching
license or professional coaching certificate; social services worker;
employee of a publicly-funded emergency shelter for families with
children; director of a children's overnight camp, summer day camp or
traveling summer day camp, as such camps are defined in section thirteen
hundred ninety-two of the public health law; day care center worker;
school-age child care worker; provider of family or group family day
care; employee or volunteer in a residential care facility for children
that is licensed, certified or operated by the office of children and
family services; or any other child care or foster care worker; mental
health professional; substance abuse counselor; alcoholism counselor;
all persons credentialed by the office of alcoholism and substance abuse
services; employees, who are expected to have regular and substantial
contact with children, of a health home or health home care management
agency contracting with a health home as designated by the department of
health and authorized under section three hundred sixty-five-l of this
chapter or such employees who provide home and community based services
under a demonstration program pursuant to section eleven hundred fifteen
of the federal social security act who are expected to have regular and
substantial contact with children; peace officer; police officer;
district attorney or assistant district attorney; investigator employed
in the office of a district attorney; or other law enforcement official.
  (b) Whenever such person is required to report under this title in his
or her capacity as a member of the staff of a medical or other public or
private institution, school, facility or agency, he or she shall make
the report as required by this title and immediately notify the person
in charge of such institution, school, facility or agency, or his or her
designated agent. Such person in charge, or the designated agent of such
person, shall be responsible for all subsequent administration
necessitated by the report. Any report shall include the name, title and
contact information for every staff person of the institution who is
believed to have direct knowledge of the allegations in the report.
Nothing in this section or title is intended to require more than one
report from any such institution, school or agency.
  (c) A medical or other public or private institution, school, facility
or agency shall not take any retaliatory personnel action, as such term
is defined in paragraph (e) of subdivision one of section seven hundred
forty of the labor law, against an employee because such employee
believes that he or she has reasonable cause to suspect that a child is
an abused or maltreated child and that employee therefore makes a report
in accordance with this title. No school, school official, child care
provider, foster care provider, residential care facility provider,
hospital, medical institution provider or mental health facility
provider shall impose any conditions, including prior approval or prior
notification, upon a member of their staff specifically required to
report under this title. At the time of the making of a report, or at
any time thereafter, such person or official may exercise the right to
request, pursuant to paragraph (A) of subdivision four of section four
hundred twenty-two of this title, the findings of an investigation made
pursuant to this title.
  (d) Social services workers are required to report or cause a report
to be made in accordance with this title when they have reasonable cause
to suspect that a child is an abused or maltreated child where a person
comes before them in their professional or official capacity and states
from personal knowledge facts, conditions or circumstances which, if
correct, would render the child an abused or maltreated child.
  2. Any person, institution, school, facility, agency, organization,
partnership or corporation which employs persons mandated to report
suspected incidents of child abuse or maltreatment pursuant to
subdivision one of this section shall provide consistent with section
four hundred twenty-one of this chapter, all such current and new
employees with written information explaining the reporting requirements
set out in subdivision one of this section and in sections four hundred
fifteen through four hundred twenty of this title. The employers shall
be responsible for the costs associated with printing and distributing
the written information.
  3. Any state or local governmental agency or authorized agency which
issues a license, certificate or permit to an individual to operate a
family day care home or group family day care home shall provide each
person currently holding or seeking such a license, certificate or
permit with written information explaining the reporting requirements
set out in subdivision one of this section and in sections four hundred
fifteen through four hundred twenty of this title.
  4. Any person, institution, school, facility, agency, organization,
partnership or corporation, which employs persons who are mandated to
report suspected incidents of child abuse or maltreatment pursuant to
subdivision one of this section and whose employees, in the normal
course of their employment, travel to locations where children reside,
shall provide, consistent with section four hundred twenty-one of this
title, all such current and new employees with information on
recognizing the signs of an unlawful methamphetamine laboratory.
Pursuant to section 19.27 of the mental hygiene law, the office of
alcoholism and substance abuse services shall make available to such
employers information on recognizing the signs of unlawful
methamphetamine laboratories.
  6. The office of children and family services shall update training
issued to persons and officials required to report cases of suspected
child abuse or maltreatment to include guidance on identifying an abused
or maltreated child when such child is an individual with an
intellectual or developmental disability as defined in section 1.03 of
the mental hygiene law. Such guidance shall be developed in consultation
with the justice center for the protection of people with special needs.
Persons and officials required to report cases of suspected child abuse
or maltreatment shall have two years from the effective date of this
subdivision to receive such updated mandated reporter training.
Notes of Decisions
Cited in 100 cases (25 in the last 5 years), 1987–2026 · leading case: Davila v. Orange Cnty., 2023 NY Slip Op 01777 (N.Y. App. Div. 2023).
Davila v. Orange Cnty., 2023 NY Slip Op 01777 (N.Y. App. Div. 2023). · cites it 6× “The order, insofar as appealed from, denied those branches of the motion of the defendant Enlarged City School District of Middletown which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging negligence, negligent hiring, retention, and supervision, and…”
Dolgas v. Wales, 2023 NY Slip Op 01830 (N.Y. App. Div. 2023). · cites it 5× “Dolgas cross-moved for partial summary judgment on his claim of a breach of duty to report abuse under Social Services Law §§ 413 and 420. In a separate cross-motion, Cloonan and Boyle moved for similar relief.”
Hanson v. Hicksville Union Free Sch. Dist., 2022 NY Slip Op 05519 (N.Y. App. Div. 2022). · cites it 5× “DECISION & ORDER In an action, inter alia, to recover damages arising from the failure to report cases of suspected child abuse as required by Social Services Law § 413, the defendant Hicksville Union Free School District appeals from an order of the Supreme Court, Nassau County…”
Grant v. Cuomo, 130 A.D.2d 154 (N.Y. App. Div. 1987). · cites it 6× “All social services workers have a statutory duty to report suspected cases of abuse or neglect (Social Services Law § 413), and are expected to be alert to situations which pose an imminent danger to the health and well-being of children.”
Nellenback v. Madison Cnty., 2025 NY Slip Op 02263 (NY 2025). · cites it 4× “Nellenback filed this lawsuit, the legislature added Social Services Law § 413(5), which creates a mandatory training in child abuse identification and reporting and is set to be implemented by April 1, 2025.”
Villarin v. Rabbi Haskel Lookstein Sch., 96 A.D.3d 1 (N.Y. App. Div. 2012). · cites it 12× “1 Our task here, however, is simply to determine, within the context of a motion to dismiss (CPLR 3211 [a] [7]), whether plaintiffs allegations that the headmaster terminated her employment as the school’s nurse for reporting suspected child abuse in accordance with Social…”
Easterbrooks v. Schenectady Cnty., 2023 NY Slip Op 03889 (N.Y. App. Div. 2023). · cites it 2× “Plaintiff asserted that, despite knowing about said abuse, the Warren County defendants and the other counties (hereinafter collectively referred to as the municipal defendants) failed to protect him and, as a result, their conduct constituted negligence, negligence in hiring,…”
People v. Strawbridge, 299 A.D.2d 584 (N.Y. App. Div. 2002). · cites it 2× “However, we also recognize that Social Services Law § 413 (1) requires health care providers to report, or cause to be reported, when they have “reasonable cause to suspect” abuse or maltreatment of a child when a parent comes before them in their professional or official…”
People v. Gearhart, 148 Misc. 2d 249 (1990). · cites it 5× “) Specifically, the defendant takes issue with this court’s ruling that invocation of the physician-patient privilege here was precluded because of the reporting provisions contained in Social Services Law §§413 and 415, both of which are integral parts of the Child Abuse…”
Sullivan v. Port Wash. Union Free Sch. Dist., 2023 NY Slip Op 01022 (N.Y. App. Div. 2023). · cites it 2× “However, the Supreme Court should have granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the third cause of action, alleging a violation of Social Services Law § 413. Since the janitor was not a "person legally responsible" for the…”
Phillips v. Cnty. of Orange, 894 F. Supp. 2d 345 (S.D.N.Y. 2012). “50 (4), because Hogle was in fact not a mandated reporter under N.Y. Social Services Law § 413 . (Id. ¶¶ 302-03.”
Brave v. City of New York, 2023 NY Slip Op 02490 (N.Y. App. Div. 2023). · cites it 3× “DECISION & ORDER In an action, inter alia, to recover damages arising from the failure to report suspected child abuse as required by Social Services Law § 413, the defendants Little Flower Union Free School District and Board of Education of Little Flower Union Free School…”
— N.Y. Social Services Law § 413(1)(a) — 6 cases
Davila v. Orange Cnty., 2023 NY Slip Op 01777 (N.Y. App. Div. 2023). “The order, insofar as appealed from, denied those branches of the motion of the defendant Enlarged City School District of Middletown which were pursuant to CPLR 3211(a)(7) to dismiss the causes of action alleging negligence, negligent hiring, retention, and supervision, and…”
Sullivan v. Port Wash. Union Free Sch. Dist., 2023 NY Slip Op 01022 (N.Y. App. Div. 2023). “However, the Supreme Court should have granted that branch of the defendants' motion which was pursuant to CPLR 3211(a)(7) to dismiss the third cause of action, alleging a violation of Social Services Law § 413. Since the janitor was not a "person legally responsible" for the…”
Brave v. City of New York, 2023 NY Slip Op 02490 (N.Y. App. Div. 2023). “DECISION & ORDER In an action, inter alia, to recover damages arising from the failure to report suspected child abuse as required by Social Services Law § 413, the defendants Little Flower Union Free School District and Board of Education of Little Flower Union Free School…”
J.K. v. City of New York, 2024 NY Slip Op 00270 (N.Y. App. Div. 2024).
J.K. v. City of New York, 2024 NY Slip Op 00270 (N.Y. App. Div. 2024).
— N.Y. Social Services Law § 413(5) — 1 case
Nellenback v. Madison Cnty., 2025 NY Slip Op 02263 (NY 2025). “Nellenback filed this lawsuit, the legislature added Social Services Law § 413(5), which creates a mandatory training in child abuse identification and reporting and is set to be implemented by April 1, 2025.”
— N.Y. Social Services Law § 413(a) — 1 case
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