New York’s child-welfare law (Social Services Law) defines an “abused or maltreated child” as a person under 18 years whose physical or mental condition has been harmed or placed at imminent risk of harm by the acts or omissions of a parent, guardian, custodian, or other person legally responsible for the child’s care. This includes serious physical injury, sexual abuse, neglect (failure to provide proper care or supervision), and other maltreatment. Reports of suspicious child deaths are also required.

(Source: Social Services Law §§ 413, 415–418 — definitions and reporting criteria.)

In New York, clergy are not automatically listed by statute among the specific “mandated reporters” under Social Services Law § 413 — which enumerates health professionals, school officials, social services workers, and others — but any person (including clergy) may make a report if they have reasonable cause to suspect child abuse or neglect. There is no explicit clergy-penitent privilege ≠ reporting exemption in the child-welfare reporting statute reviewed; privileged communications are not identified as grounds to refuse a report.

(Source: Social Services Law § 413 — list of mandated reporters.)

• If a mandated reporter (as defined in law) has reasonable cause to suspect a child has been abused or maltreated, they must immediately make an oral or electronic report to the New York Statewide Central Register (SCR) of Child Abuse and Maltreatment. A written report must follow within 48 hours.

• Reports should include identifying information about the child, parents/responsible persons, and details of the suspicion.

• Reporter confidentiality is protected; mandated reporters have immunity from civil or criminal liability when reporting in good faith. Failure to report can result in a Class A misdemeanor, and civil liability (damages) may attach for harm caused by a mandated reporter’s failure.

(Source: Social Services Law §§ 413 & 415 — reporting process and content.)