New York Consolidated Laws
N.Y. Social Services Law § 416 (2026)
Obligations of persons required to report
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 416. Obligations of persons required to report. Any person or official required to report cases of suspected child abuse and maltreatment may take or cause to be taken at public expense photographs of the areas of trauma visible on a child who is subject to a report and, if medically indicated, cause to be performed a radiological examination on the child. Any photographs or x-rays taken shall be sent to the child protective service at the time the written report is sent, or as soon thereafter as possible. Whenever such person is required to report under this title in his capacity as a member of the staff of a medical or other public or private institution, school, facility, or agency, he shall immediately notify the person in charge of such institution, school, facility or agency, or his designated agent, who shall then take or cause to be taken at public expense color photographs of visible trauma and shall, if medically indicated, cause to be performed a radiological examination on the child.
Notes of Decisions
Cited in 3
cases, 1993–1995 · leading case: Van Emrik v. Chemung Cnty. Dep't of Soc. Servs., 220 A.D.2d 952 (N.Y. App. Div. 3d Dep't 1995).
Van Emrik v. Chemung Cnty. Dep't of Soc. Servs., 220 A.D.2d 952 (N.Y. App. Div. 3d Dep't 1995). “The statutory presumption of good faith applies only when defendants act "in the discharge of their duties and within the scope of their employment” (Social Services Law § 419). In requesting the X rays, Smith purportedly acted pursuant to Social Services Law § 416.”
Tenenbaum v. Williams, 907 F. Supp. 606 (E.D.N.Y. 1995). “In support of that argument, defendants underscore that in van Emrik, the caseworker had not taken the child into protective custody before ordering the investigatory long-bone x-rays, and issued the order based upon Social Service Law Section 416 which permits persons required…”
Van Emrik v. Chemung Cnty. Dep't of Soc. Servs., 191 A.D.2d 143 (N.Y. App. Div. 3d Dep't 1993). “Indeed, on the subject of defendants’ conduct in ordering the long bone X rays, a bona fide question exists with regard to whether that act was within the scope of their authority (see, Social Services Law § 416), an issue which was not determined by the Federal court.”
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