What Protection or Liability Do I Have?
The Social Service Law provides confidentiality for mandated reporters and all sources of child abuse and maltreatment reports.
OCFS and local CPS are not permitted to release to the subject of the
report any data that would identify the source of a report unless the source has given written permission to do so.
Information regarding the source of the report may be shared with court officials, police, and district attorneys but only in certain circumstances.
Immunity from Liability
If a mandated reporter makes a report with earnest concern for the welfare of a child, he or she is immune from any criminal or civil liability that might result. This is referred to a making a report in "good faith".
Penalties for Failure to Report
Anyone who is mandated to report suspected child abuse or maltreatment - and fails to do so - could be charged with a Class A misdemeanor and subject to criminal penalties.
Further, mandated reporters can be sued in a civil court for monetary damages for any harm caused by the mandated reporter's
failure to make the report to the SCR.