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A mandated reporter or young person who faces a specific legal problem should consult with an attorney. The word "allow" means that a child's parent or caregiver knew or "should have known about" abuse to the child by a third party and "did nothing to prevent or stop it."6 To determine whether abuse or neglect has occurred, New York courts require a showing that a parent or guardian failed to exercise a minimum degree of care and therefore generally consider "whether a reasonable and prudent parent would have so acted (or failed to act) under [the] circumstances" that existed at the time.7 2. Mandatory reporters are health and educational professionals who are legally required to report suspected cases of child abuse or neglect to the Statewide Central Register when they have a reasonable suspicion that a child whom they see in their professional capacity is an abused or neglected child.8 Mandatory reporters are: A provision added in 2007 now requires the mandated reporter to personally report suspected child abuse to the Statewide Central Register and inform the director of his or her agency or institution. 2d at 221 (finding no statutory duty to report an instance of abuse against a child committed by someone who could not be the subject of a report when there is no showing that the mother was incapable or unwilling to protect the child from further potential abuse); , 171 A. 1991) (finding that daughter was an abused child because her mother was unwilling or unable to protect her from being sexually abused by her older brother).
This is a change from previous law, which called for a medical staff member to first report to a designated agent for the agency or institution, who then was responsible for making the report.10 3. Act § 1012 at 314 (1999) ("‘Allowing' a child to be abused includes taking no appropriate protective (or preventive) action after being warned of the danger to a child").