S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1713
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2021
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  transmitting
   certain information to the local child protective services
 
   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 357 of the laws of 2014, 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  and  any  previous  reports to the
 central registry involving the subject of such report or children  named
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04084-01-1

 S. 1713                             2
 
 in  such report, including any previous report containing allegations of
 child abuse and maltreatment alleged to have occurred in other  counties
 and  districts in New York state shall be immediately transmitted orally
 or  electronically  by the office of children and family services to 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. 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.  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.
 THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  IMMEDIATELY  DETERMINE
 AND  THEN  NOTIFY  THE  APPROPRIATE LOCAL CHILD PROTECTIVE SERVICES IF A
 SUBJECT OF AN ALLEGATION OF CHILD ABUSE OR MALTREATMENT IS THE  OPERATOR
 OF A LICENSED OR REGISTERED CHILD CARE FACILITY, OR ANY SIMILAR FACILITY
 THAT  RECEIVES  FUNDING  PURSUANT TO TITLE FIVE-C OF ARTICLE SIX OF THIS
 CHAPTER, OR IF ANY PERSON NAMED IN A REPORT IS A KNOWN SEX  OFFENDER  OR
 TO  HAVE  PREVIOUSLY BEEN THE SUBJECT OF AN INDICATED REPORT OF ABUSE OR
 NEGLECT.  SUCH NOTICE TO THE LOCAL CHILD PROTECTIVE SERVICES SHALL  TAKE
 PLACE AT THE TIME THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES TRANS-
 MITS  THE  REPORT  OF  SUSPECTED CHILD ABUSE OR NEGLECT REQUIRED BY THIS
 SUBDIVISION.
   § 2. This act shall take effect immediately.