## Facts

- Diana G-D, a third-grade student in the Bedford Central School District, lived with her mother (Ann D.) and her stepfather (Morales).
- In early December 2005, another student’s mother reported to school administrators that her child overheard Diana say on the playground that Morales “put his penis in [her] vagina.”
- School administrators and teachers discussed the report and reviewed Diana’s school performance and demeanor, which appeared normal.
- School personnel spoke with Diana generally about home life but did not directly ask about sexual abuse.
- The school did not report the allegation to child protective services, law enforcement, or Diana’s mother.
- In August 2006, Ann D. found inappropriate photos of Diana on Morales’s phone, contacted police, and Morales was arrested and later convicted of sexual misconduct against a child.
- Diana, by Ann D., sued the district and school employees for negligence based on alleged violations of New York’s mandatory child-abuse reporting duties (N.Y. Soc. Serv. Law § 413).
- Defendants moved to dismiss, arguing they had no statutory reporting duty based on an indirect report and lacked “reasonable cause to suspect” abuse.

## Issues

1. Whether N.Y. Soc. Serv. Law § 413’s mandatory reporting duty can be triggered by a third-party report not made by the child or a parent/guardian.
2. Whether an explicit allegation of sexual penetration relayed to school officials constitutes “reasonable cause to suspect” child abuse under § 413.
3. Whether an alleged failure to comply with § 413 can support a civil negligence claim against a school district and individual school employees.

## Decision

- The court denied defendants’ effort to obtain early dismissal of the claims premised on lack of duty or insufficient suspicion.
- The court held the reporting obligation under § 413 is not limited to allegations made by the child or a parent/guardian; the duty turns on whether the reporter has reasonable cause to suspect abuse.
- The court held the reported statement describing sexual penetration by a stepfather was sufficient, at least at this stage, to establish reasonable cause to suspect abuse and thus to trigger mandatory reporting duties.
- The court held plaintiffs could proceed on a theory that violation of the mandatory reporting statute may supply a duty of care supporting negligence liability, subject to proof of causation and damages.

## Legal Principles

- Mandated reporters under N.Y. Soc. Serv. Law § 413 must report when, in their professional capacity, they have reasonable cause to suspect a child is abused or maltreated.
- Reasonable cause to suspect depends on the nature and seriousness of the information and is not negated solely because the information is indirect or because the child appears outwardly well-adjusted.
- A credible third-party report may trigger the statutory duty to report when it provides sufficient basis to suspect abuse.
- Breach of a statutory child-protection duty may support a civil negligence claim by an injured child within the class the statute is intended to protect, if the plaintiff proves causation and damages.

## Conclusion

The court allowed claims to proceed against a school district and school employees where administrators received a specific, explicit allegation of child sexual abuse from another parent but did not report it, holding that third-party information can create reasonable cause to suspect abuse under § 413 and that failure to report may support civil negligence liability.


Diana G-D ex rel. Ann D. v. Bedford Cent. Sch. Dist., 33 Misc. 3d 970, 932 N.Y.S.2d 316 (Sup. Ct. Westchester Cnty. 2011)