senate Bill S5942

Amended

Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse

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Bill Status


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

  • 02 / Oct / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CHILDREN AND FAMILIES
  • 19 / Jun / 2014
    • AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
  • 19 / Jun / 2014
    • PRINT NUMBER 5942A
  • 20 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1667
  • 20 / Jun / 2014
    • SUBSTITUTED BY A1987A

Summary

Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse.

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Bill Details

Versions:
S5942
S5942A
Legislative Cycle:
2013-2014
Law Section:
Social Services Law
Laws Affected:
Amd §422, Soc Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A6404
2009-2010: A3352
2007-2008: A5885

Sponsor Memo

BILL NUMBER:S5942

TITLE OF BILL:
An act
to amend the social services law, in relation to determinations made by
the statewide central register of child abuse and maltreatment

PURPOSE OR GENERAL IDEA OF BILL:

To require that, when determining if allegations of child abuse or
maltreatment should he reported, the office of children and family
services examine the prior history of past reports and allegations or
child abuse or maltreatment of the subject and his or her family,
specifically including all previous calls to the central register
relating to the subject and any other person named in the allegation
regardless of whether such earlier calls resulted in a report.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (a) of subdivision 2 of section 422 of
the Social Services Law to require that the office of children and
family services, when in receipt of a telephone call alleging child
abuse or maltreatment, examine the prior history of past reports and
allegations
of child abuse or maltreatment, specifically including all previous
calls to the central register relating to the subject or any other
person named in the allegation in determining whether allegations
contained in a telephone call could reasonably constitute child abuse
or maltreatment.

Section two amends paragraph (a) of subdivision 2 of section 422 of
the Social Services Law to provide that if a report of child abuse or
maltreatment involves either (i) an allegation of an abused child
described in paragraph (i),or (iii) of subdivision (a) of section one
thousand twelve of the family court act or sexual abuse of a child or
the death of a
child or (ii) suspected maltreatment which alleges any physical harm
when
the report is made by a person required to report pursuant to section
four hundred thirteen of this title within six months of any other
two reports that were indicated, or may be still be pending,
involving the same child, sibling or other children in the household
or the subject of the report, the office of children and family
services will identify the report as such and note any prior reports
when transmitting the report to the local child protective services
for investigation.

EFFECTS OF PRESENT LAW WHICH THE BILL WILL ALTER:

The bill amends the Social Services Law to require that the prior
history of reports and allegations of child abuse or maltreatment be
considered prior to making a determination whether a new allegation
could reasonably constitute a report of child abuse or maltreatment.

JUSTIFICATION:


Often allegations of child abuse do not appear to warrant a report of
child abuse or maltreatment when viewed as an isolated incident.
However, many victims of abuse or maltreatment have a history of such
treatment, much of which gets called in to the central register. By
requiring that this telephone call history be examined each time a
new allegation arises, the ability to better identify cases of abuse
or maltreatment is enhanced.

PRIOR LEGISLATIVE HISTORY:

A6404 (2011-2012) Referred to Children and Families 1/4/12 2005-2006:
A10135A 2007-2008: A5885 (Passed Assembly in 2007 and 2008)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  5942

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 2, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social services law, in relation  to  determinations
  made by the statewide central register of child abuse and maltreatment

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

  Section 1.   Paragraph (a) of subdivision 2  of  section  422  of  the
social  services  law, as amended by chapter 574 of the laws of 2008, is
amended to read as follows:
  (a) The central register shall be capable of receiving telephone calls
alleging child abuse or  maltreatment  and  of  immediately  identifying
prior  reports  of child abuse or maltreatment and capable of monitoring
the provision of child protective service twenty-four hours a day, seven
days a week. To effectuate this purpose, but subject to  the  provisions
of  the  appropriate  local  plan  for the provision of child protective
services, there shall be a single statewide telephone  number  that  all
persons,  whether  mandated by the law or not, may use to make telephone
calls alleging child abuse or  maltreatment  and  that  all  persons  so
authorized  by this title may use for determining the existence of prior
reports in order to evaluate the condition or circumstances of a  child.
In  addition  to the single statewide telephone number, there shall be a
special unlisted express telephone  number  and  a  telephone  facsimile
number  for use only by persons mandated by law to make telephone calls,
or to transmit telephone facsimile information on a form provided by the
commissioner OF CHILDREN AND FAMILY SERVICES, alleging  child  abuse  or
maltreatment, and for use by all persons so authorized by this title for
determining  the  existence  of  prior  reports in order to evaluate the
condition or circumstances of a child. When any allegations contained in
such telephone calls could reasonably constitute a report of child abuse
or maltreatment, such allegations shall be immediately transmitted oral-
ly or electronically by the office of children and  family  services  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01751-01-3

S. 5942                             2

the  appropriate  local  child protective service for investigation. The
inability of the person calling the register  to  identify  the  alleged
perpetrator shall, in no circumstance, constitute the sole cause for the
register  to  reject such allegation or fail to transmit such allegation
for investigation.  WHEN DETERMINING IF THE ALLEGATIONS CONTAINED  IN  A
TELEPHONE  CALL  COULD  REASONABLY CONSTITUTE A REPORT OF CHILD ABUSE OR
MALTREATMENT, SUCH OFFICE SHALL EXAMINE THE PRIOR HISTORY OF THE SUBJECT
AND ANY OTHER PERSON NAMED IN THE ALLEGATION, SPECIFICALLY INCLUDING ALL
PREVIOUS CALLS PLACED TO THE CENTRAL REGISTER RELATING TO THE SUBJECT OR
ANY OTHER PERSON NAMED IN THE  ALLEGATION  REGARDLESS  OF  WHETHER  SUCH
CALLS  RESULTED  IN  A REPORT. If the records indicate a previous report
concerning a subject of the report, the child alleged to  be  abused  or
maltreated,  a  sibling,  other children in the household, other persons
named in the report or  other  pertinent  information,  the  appropriate
local  child  protective  service  shall  be immediately notified of the
fact, except as provided in subdivision eleven of this section.  If  the
report involves either (i) an allegation of an abused child described in
paragraph  (i), (ii) or (iii) of subdivision (e) of section one thousand
twelve of the family court act or sexual abuse of a child or  the  death
of  a  child  or  (ii) suspected maltreatment which alleges any physical
harm when the report is made by a person required to report pursuant  to
section  four  hundred  thirteen  of this title within six months of any
other two reports that were indicated, or may still be pending,  involv-
ing  the  same child, sibling, or other children in the household or the
subject of the report, the office of children and family services  shall
identify the report as such and note any prior reports when transmitting
the report to the local child protective services for investigation.
  S 2. This act shall take effect immediately.

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