Who decides what information pertaining to the report is “essential for a full investigation” and therefore must be provided to CPS: the mandated reporter or CPS?
In the first instance, the mandated reporter to whom the request is directed makes the determination of what information is essential. If CPS believes that the mandated reporter has additional essential information pertaining to the report, CPS should ask the mandated reporter for the additional records and attempt to come to agreement regarding any additional records. If CPS and the mandated reporter cannot come to agreement and CPS disagrees with the mandated reporter’s rationale for why the records are not relevant to the report, CPS may seek a court order pursuant to Civil Practice Law and Rules (CPLR) Article 31 and SSL ยง415 directing the mandated reporter to produce the essential information.
Related Questions
- Who decides what information pertaining to the report is "essential for a full investigation" and therefore must be provided to CPS: the mandated reporter or CPS?
- Must the mandated reporter receive written consent from the parent(s) in order to provide CPS with the additional essential information?
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