N.Y. Comp. Codes R. & Regs. tit. 18 § 432.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 432.12 - Access by mandated reporters to the findings of an investigation

(a) A person or official required by section 413 of the Social Services Law to report cases of suspected child abuse or maltreatment must receive, upon request, the findings of an investigation of a report made by that person or official for any report that has been assigned to the investigative track. When the report has been assigned to the family assessment response track, the person or official making the request must be informed that the report has been assigned to a family assessment response, that there is no determination made for a report addressed with a family assessment response, and that such records are legally sealed and confidential.

(b)

(1) When a request by such person or official is made at the time of making an oral report of suspected child abuse or maltreatment to the State Central Register, the State Central Register must forward the request to the appropriate child protective service, or where the suspected child abuse or maltreatment occurred in residential child care, to a designated person within OCFS. The request for the findings of an investigation must be forwarded by the State Central Register to the child protective service or OCFS when the report of suspected child abuse or maltreatment is transmitted.

(2) When a request by such person or official is made at any time subsequent to making the oral report of suspected child abuse or maltreatment to the State Central Register, the request must be made by the person or official to the appropriate child protective service or, where the suspected child abuse or maltreatment occurred in residential child care, to a designated person within OCFS.

(3) As used in this section, residential child care means:

(i) foster care provided to a child whose care and custody or custody and guardianship have been transferred to a social services official or OCFS and such care is provided in a group home or child care institution;

(ii) care provided to a child in a facility or program operated or certified by OCFS pursuant to article 19-G or 19-H of the Executive Law, excluding foster family care;

(iii) care provided to a child in the New York State School for the blind or the New York State School for the deaf, pursuant to the provisions of articles 87 and 88 of the Education Law;

(iv) care provided to a child in a private residential school which is within the State and which has been approved by the Commissioner of Education for special education services or programs;

(v) care provided to a child in an institution for the instruction of the deaf and the blind which has a residential component and which is subject to the visitation of the Commissioner of Education pursuant to article 85 of the Education Law;

(vi) care provided to a child through a residential placement with a special act school district listed in chapter 566 of the Laws of 1967, as amended;

(vii) care provided to a child in a residential facility licensed or operated by the Office of Mental Health or the Office For People With Developmental Disabilities, excluding family care homes; or

(viii) care provided by an authorized agency in a residential facility, licensed or operated by the Office of Mental Health or the Office For People With Developmental Disabilities, excluding a family care home, which is located on the same campus of the authorized agency where care enumerated in subparagraph (i) of this paragraph is provided to a child.

(c) Upon receipt of such a request, the local child protective service, or where the suspected child abuse or maltreatment occurred in residential child care, OCFS must release the findings of the investigation, in writing, as follows:

(1) Prior to releasing the findings, the identity of the person or official making the request must be confirmed.

(2) If the request is made prior to the completion of an investigation of a report of child abuse or maltreatment, the released information must be limited to whether the report is indicated, unfounded or under investigation. If a child protective service has not been notified by the State Central Register to seal or expunge a report which the child protective service has determined to be unfounded, the child protective service must indicate that it has recommended to the State Central Register that the report should be unfounded.

(3) If the request is made after the completion of an investigation of a report of child abuse or maltreatment, the released information must be limited to that the report is indicated or unfounded.

(4) The child protective service or OCFS must also include in the written release of the findings of the investigation of a report of child abuse or maltreatment a statement that the information is confidential and that redisclosure of such information is prohibited by section 422 of the Social Services Law.

(5) The child protective service or, for a case of suspected child abuse or neglect which occurred in a residential child care setting, OCFS must file in the record of the investigation of the report a copy of the findings which were released to a mandated reporter pursuant to the provisions of this section. The findings must contain the date of release to a mandated reporter and the name of the mandated reporter to whom the findings were released.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 432.12

Amended, New York State Register October 22, 2014/Volume XXXVI, Issue 42, eff.10/22/2014