senate Bill S6115

Requires investigation of all reports of child abuse made to the statewide central register of child abuse by hospitals, or medical or law enforcement personnel

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 04 / Jan / 2012
    • REFERRED TO CHILDREN AND FAMILIES
  • 21 / May / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 12 / Jun / 2012
    • REPORTED AND COMMITTED TO RULES
  • 12 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1169
  • 12 / Jun / 2012
    • PASSED SENATE
  • 12 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2012
    • REFERRED TO CHILDREN AND FAMILIES

Summary

Provides that when the state central register of child abuse and maltreatment receives a report by means of a telephone call from a physician, registered nurse or registered physician's assistant or from a social worker or psychologist, or by a law enforcement official, such telephone calls shall not be screened by the hotline but shall be immediately transmitted to the appropriate child protective service for investigation; provides for the child protective service of each county to establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interests of at risk children and to better provide essential services to their families.

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Bill Details

Versions:
S6115
Legislative Cycle:
2011-2012
Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยงยง422 & 424, Soc Serv L

Sponsor Memo

BILL NUMBER:S6115

TITLE OF BILL:
An act
to amend the social services law, in relation to requiring investigation
of all reports of child abuse made by a hospital or medical
or law enforcement
personnel

PURPOSE:
To provide that when the State Central Register of Child Abuse and
Maltreatment receives telephone calls from medical, law enforcement
or from social workers or psychologists employed by or affiliated
with hospitals such telephone calls shall not be screened by the
Hotline but shall immediately be referred for investigation by the
Child Protective Service.

The bill further provides for the child protective service of each
county to establish procedures for communication and cooperation with
local hospitals and law enforcement to better protect the interests
of at risk children and to better provide essential services to their
families.

SUMMARY OF PROVISIONS:
Section 1. Amends paragraph (b) of subdivision 2 of section 422 of the
Social Services Law which states that when a person who is required
(physician, nurse, hospital personnel engaged in the examination,
care or treatment of persons, registered physician's assistant,
social worker and psychologists) to make a telephone call to report
of child abuse and maltreatment then that call should be immediately
referred to the appropriate child protective service for investigation.

Section 2. Adds a new subsection 9-a to section 424 of the Social
Services Law to provide that the child protective service of each
county establish procedures for communication and cooperation with
local hospitals and law enforcement to better protect the interest of
at risk children.

Section 3. Effective Date.

EXISTING LAW:
Current law requires that all calls alleging child abuse and
maltreatment from mandated reporters be screened by the State Central
Registry before they can be referred for investigation. Current law is
silent regarding the establishment of formal and informal practices
and procedure for cooperation and communication with local hospitals
and law enforcement who are involved with the child protective
service at the "front lines" of protecting children at risk in our
communities.

JUSTIFICATION:
Currently, there is a lack of clarity in the law as to the
responsibilities of hospital and law enforcement professionals who
work together with the child protective services in coordinating
resources, sharing information and providing follow up services and
support to these children at risk. Unfortunately, the tragic result


of potential breakdowns in our governmental systems designed to
protect children, may also result in the death of children.

This bill is an attempt to build better bridges of communication and
cooperation between public servants and medical providers who have
the best knowledge of how to identify and combat child abuse in our
communities.

LEGISLATIVE HISTORY:
2008: S.468 - Committed to Rules
2007: S.468 - Passed Senate
2006: S.269 - Passed Senate
2005: S.269 - Referred to Social Services, Children & Families
2004: S.4759A - Committed to Rules
2003: S.4759A - Passed Senate/A.5717A - Held in Assembly
Children & Families
1999-2000: S.1257 - Passed Senate/A.2875A - Held in Assembly Children
& Families
1997-1998: S.1483 - Passed Senate/A.2257 - Held in
Assembly Children & Families
1996: S.6091A - Passed Senate/A.11214 - Held in Assembly
Children & Families

FISCAL IMPLICATIONS:
Minimal to local CPS. The required policies should already be a part
of good casework practice.

EFFECTIVE DATE:
This act will take effect 120 days after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6115

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to requiring inves-
  tigation of all reports of child abuse made by a hospital  or  medical
  or law enforcement personnel

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2 of section 422 of the social
services law, as added by chapter 717 of the laws of 1986, is amended to
read as follows:
  (b) (I) Any telephone call made by a person required to  report  cases
of  suspected  child  abuse  or  maltreatment  pursuant  to section four
hundred thirteen of this [chapter] TITLE containing  allegations,  which
if  true would constitute child abuse or maltreatment shall constitute a
report and shall be immediately transmitted orally or electronically  by
the  department  to  the  appropriate local child protective service for
investigation.
  (II) WHEN A TELEPHONE CALL ATTEMPTING TO MAKE A REPORT OF CHILD  ABUSE
AND  MALTREATMENT  IS  MADE  BY  A  PERSON REQUIRED TO MAKE SUCH REPORTS
PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE AND  SUCH  TELE-
PHONE  CALL  IS  RECEIVED  FROM  A PHYSICIAN, REGISTERED NURSE, HOSPITAL
PERSONNEL ENGAGED IN THE EXAMINATION,  CARE  OR  TREATMENT  OF  PERSONS,
REGISTERED  PHYSICIAN'S  ASSISTANT  OR  FROM A SOCIAL WORKER OR PSYCHOL-
OGIST; OR BY A LAW ENFORCEMENT OFFICIAL, SUCH TELEPHONE CALL  SHALL,  IF
NOT  OTHERWISE  REFERRED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
CONSTITUTE A REPORT AND SHALL BE IMMEDIATELY TRANSMITTED TO  THE  APPRO-
PRIATE CHILD PROTECTIVE SERVICE FOR INVESTIGATION IN THE MANNER PROVIDED
FOR IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 2. Section 424 of the social services law is amended by adding a new
subdivision 9-a to read as follows:
  9-A. ESTABLISH IN COOPERATION AND CONSULTATION WITH HOSPITALS, MEDICAL
CLINICS  AND  LAW  ENFORCEMENT  OFFICIALS  WITHIN  THE  SOCIAL  SERVICES
DISTRICT, PROCEDURES AND PROTOCOLS FOR THE COOPERATION AND  COORDINATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13906-01-2

S. 6115                             2

OF CHILD PROTECTIVE SERVICES WITH MANDATED REPORTERS AND MEDICAL AND LAW
ENFORCEMENT  PERSONNEL SERVING THE SOCIAL SERVICES DISTRICT. SUCH PROCE-
DURES AND PROTOCOLS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO:
  (I) ESTABLISHMENT STANDARDIZED DOCUMENTATION AND PROCEDURES BY WHICH A
HOSPITAL MAY BE DIRECTED BY THE CHILD PROTECTIVE SERVICE TO KEEP A CHILD
IN  PROTECTIVE  CUSTODY  PURSUANT TO APPLICABLE PROVISIONS OF THE FAMILY
COURT ACT AND THIS CHAPTER;
  (II) ESTABLISHMENT PROCEDURES FOR THE IDENTIFICATION OF CHILD  PROTEC-
TIVE  SERVICES WORKERS AND THE NOTIFICATION TO HOSPITALS THAT SUCH WORK-
ERS ARE PRESENT AND CONDUCTING INVESTIGATIONS OR INTERVIEWS  WITHIN  THE
HOSPITAL;
  (III)  COORDINATION WITH HOSPITALS AND WHERE APPROPRIATE, LAW ENFORCE-
MENT OFFICIALS REGARDING PLANS FOR THE DISCHARGE OF  CHILDREN  SUSPECTED
OF BEING ABUSED OR MALTREATED FROM THE HOSPITAL, INCLUDING THE RESPONSI-
BILITIES OF THE CHILD'S PARENTS OR GUARDIANS TO PROVIDE MEDICAL OR OTHER
THERAPEUTIC OR PREVENTIVE SERVICES TO THE CHILD; AND
  (IV)  ESTABLISH SYSTEMS OF ACCESS AND COMMUNICATION BETWEEN HOSPITALS,
LAW ENFORCEMENT AND THE CHILD PROTECTIVE  SERVICE  TO  PROVIDE  FOR  THE
CONSISTENT  AND  ONGOING  PROTECTION AND SUPERVISION OF CHILDREN AT RISK
WITHIN THE DISTRICT;
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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