In Kimberly S.M. v. Bradford Central School, 226 A.D.2d 85, 649 N.Y.S.2d 588 (Fourth Dept., 1996) a student reported to her sixth grade teacher that she had been sexually abused by her uncle. The teacher failed to pass along the allegation to supervisors. For over a year after the complaint the student was continuing to live in the abuse setting. The abuse was again reported, but instead to a guidance counselor. The victim's mother was then told of the abuse, and a report filed. The student's family commenced a civil action against the school district, but the school district moved for summary judgement arguing that the teacher had no common-law or statutory duty to report the incident. While agreeing that no common-law duty to report the abuse existed, the Court, citing Social Services Law 413, found that "the duty of school officials, including teachers, to report cases of suspected child sexual abuse is now mandated by statute in New York." (Kimberly S.M. at 88.) In analyzing the existing law at length, the Court stated: . . . First, whether a teacher is required to report a suspected case of child sexual abuse is determined by the facts and circumstances known to the teacher at the time she learns of the abuse. . . . Social Services Law 415 requires all mandated reporters, including teachers, to make an oral report "of suspected child abuse or maltreatment" immediately and to file a written report within 48 hours. The written report must include, inter alia, "the names and addresses of the child and his or her parents or other person responsible for his or her care, if known" and "the name of the person or persons alleged to be responsible for causing the injury, abuse or maltreatment, if known" (Social Service Law 415 ). Thus, the mandated reporter is required to report even though she may not know the identity of the "person legally responsible" or the identity of the abuser. It is not the duty of the mandated reporter to assess whether the abuser would be considered by Family Court to be a "person legally responsible" or whether a "person legally responsible" allowed the abuse to occur. If she has reasonable cause to suspect that a child has been sexually abused, the reporter must report immediately. It is the duty of the investigating agency to determine whether the report was founded. (Kimberly S.M. v. Bradford Central School, at 89-90.)