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Legal Protections


Notes:

Immunity's 419 of Social Service Law: Mandated Reporters are immune from any criminal or civil liability if the report is made in good faith. Good faith is presumed. If any person accuses you of making a report in bad faith, they have to prove that you acted with gross negligence or willful misconduct. Confidentiality: SSL 422 (4) (A)- OCFS and CPS are not permitted to release to the subject of the report any data that would identifyb the source of the report unless the reporter has been given written permission for OCFS or CPS to do so. Information regarding the rpeort may be shared with certain individuals )i.e. courts, police, distyrict attorney), but only as provided by law. Penalties: Class A misdemeanor which can result in a penalty of up to a year in jail, a fine of $10,000 or both. Additionally, failing to report may result in a lawsuit in civil court for monetary damages for any harm caused by the mandated reporters failure to make the report to the SCR, including wrongful death suits.
* Good faith is presumed. A person would have to prove that the Mandated reporter acted maliciously, even if the case proves unfounded, to bring a charge of a negligent report.