Here Are The Mandatory Reporting Laws In New York

New York

(1) Does the state require everyone to report child abuse, including sex abuse?  No.

(2) Does the law require coaches to report child abuse? Yes. Coaches are required to report if they are either full-time or part-time school employees who are also required to hold temporary coaching licenses or professional coaching certificates. Plus, included in the list of specific mandatory reporters by profession is this phrase:  “any other child care or foster care worker.” Arguably, a volunteer coach or a coach not employed and licensed to work in a school setting might be wiggled into the definition of a “child care” worker, but that seems legally tenuous.

(3) Does the law require college staff to report child abuse? Not explicitly. The law requires “school officials” to report abuse, including teachers, guidance counselors, psychologists, social workers, nurses, administrators, or other personnel “required  to  hold  a  teaching  or administrative license or certificate.” This does not appear to include college staff.

(4) Does the law allow jail time for those who fail to properly report abuse? Yes; the penalty is a Class A Misdemeanor, which is punishable by up to a year in jail.

Notes: New York law also expressly allows civil damages to be levied against a mandatory reporter who fails to report.

Go back to our full analysis here.

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