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A Critical Examination of State Agency Investigations into ...

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abuse or maltreatment within New York <strong>State</strong>. Upon receipt <strong>of</strong> a call, a trained specialistat the <strong>State</strong> Central Register determines whether the information provided is sufficient towarrant the opening <strong>of</strong> a child abuse investigation. If the information contained in thereport “could reasonably constitute a report <strong>of</strong> child abuse or maltreatment” or “if truewould constitute child abuse or maltreatment” the complaint is accepted and relayed tothe appropriate agency for investigation. The <strong>State</strong> Central Register accepts more than140,000 complaints <strong>of</strong> suspected child abuse or maltreatment annually from mandatedreporters and private citizens. The vast majority <strong>of</strong> complaints <strong>of</strong> abuse involve childrenin family settings. Less than one percent <strong>of</strong> reports per year deal with allegations <strong>of</strong>abuse or maltreatment in institutional settings. Allegations <strong>of</strong> child abuse may beinvestigated by one <strong>of</strong> many agencies within the state, depending on whether the abuse isalleged to have occurred in a family or institutional setting, and depending on the type <strong>of</strong>institutional setting.If the Office <strong>of</strong> Children and Family Services determines, based on its owninvestigation or the recommendation <strong>of</strong> another investigating agency or the determination<strong>of</strong> a local child protective service <strong>of</strong>fice, that the complaint is substantiated, or“indicated,” then the individual named in the complaint will be retained as substantiatedon the <strong>State</strong> Central Register. 4If the complaint is unfounded, then the record <strong>of</strong> thecomplaint is sealed.In the case <strong>of</strong> Jonathan Carey’s alleged abuse at the Anderson School, the registerreceived allegations <strong>of</strong> abuse or neglect from at least two sources. One source told the4 The Office <strong>of</strong> Children and Family Services may substantiate a complaint <strong>of</strong> abuse without adetermination from a court. However, an individual who has been placed on the <strong>State</strong> Central Register maycontest this finding in an administrative hearing.34

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