Legal Question in Civil Litigation in New York
State Mandated Child Abuse Reported Failed To Report Abuse
About 5-6 months ago my daughter confided in a staff member @ daycare that she had been molested. The staff member did nothing about it except tell my 10 year old daughter that ''you should really be telling your mother this''. The staff member knew my daughter had told no one else but her. I later found out that this staff member told another staff member who happens to have been trained ''intensly'' as they put it in the mandating proceedure, however she also neglected to report the abuse to anyone, instead the original staff member that my daughter confided in went on her honeymoon instead a few weeks later. I found out about the molestation when I was cleaning and found a list of topics my daughter had written of things she wanted to discuss with her counselor and the molestation was on the list. NY state law says the staff can be charged criminally, but the Troopers say they wont be charged but I can take civil action. Why can't they be charged if the law says so? I am going to take civi action on behalf of my daughter but what kind of monetary damages should we be seeking for this type of thing? The person who abused her has been arrested but is only admitting to a 2 instances when it happened over 12 times or more. Thank you
1 Answer from Attorneys
Re: State Mandated Child Abuse Reported Failed To Report Abuse
I have recently researched a similar issue in a "false report of abuse" situation.
Under the Social Services Law there are statutorily designated, mandated reporters such as doctors, emergency room personel, social workers etc.
Section 419 provides that a mandated reporter who reports in good faith has immunity from civil liability. But Section 420 provides for criminal and civil liability (if there are damages as a result of the failure to report) if the mandated reporter does not report.
Whoever the person who said this may mean the District Attorney won't file charges, but that doesn't prevent you from suing.
Be aware that you need to file a Notice of Claim against the municipality that employs the reporter, if it is a public entity. You must do so
within 90 days of the claim arising. If your daughter is a minor, you will be able to obtain an extension but don't wait.
If you would like to give me further details I will answer further questions.
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