Assembly Bill A3812B

2009-2010 Legislative Session

Requires the recording of all calls made to the statewide central register of child abuse and maltreatment

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2010	print number 3812b
Jul 01, 2010	amend and recommit to children and families
Jan 06, 2010	referred to children and families
Jun 10, 2009	ordered to third reading rules cal.188 rules report cal.188 reported reported referred to rules
Jun 04, 2009	print number 3812a
Jun 04, 2009	amend and recommit to ways and means
Apr 21, 2009	reported referred to ways and means
Apr 06, 2009	reported referred to codes
Jan 28, 2009	referred to children and families

Bill Amendments

2009-A3812 - Details

Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7031
2013-2014: A4353
2015-2016: A3616

2009-A3812 - Summary

Requires the recording of all calls made to the statewide central register of child abuse and maltreatment; also requires such recordings to be maintained for 5 years.

2009-A3812 - Bill Text download pdf

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

                                  3812

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH,  HOYT, PAULIN, CLARK, ROBINSON,
  BENJAMIN, BRADLEY, TITUS, N. RIVERA, GREENE, JAFFEE -- Multi-Sponsored
  by -- M. of A. DIAZ, GLICK, KOLB, LAVINE, PHEFFER  --  read  once  and
  referred to the Committee on Children and Families

AN  ACT  to  amend the social services law, in relation to mandating the
  recording of calls made to 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. Subdivision 2 of section 422 of the social services law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  ALL  TELEPHONE  CALLS  MADE  TO  THE  STATEWIDE  CENTRAL REGISTER
DESCRIBED IN THIS SECTION SHALL BE RECORDED.   FOR  ANY  TELEPHONE  CALL
THAT  CONSTITUTES  A  REPORT, SUCH RECORDING SHALL BE MAINTAINED FOR THE
LENGTH OF TIME OTHERWISE REQUIRED BY THIS SECTION FOR MAINTENANCE OF ALL
RECORDS THAT RELATE TO SUCH REPORT.  FOR ANY TELEPHONE  CALL  THAT  DOES
NOT  CONSTITUTE  A  REPORT,  SUCH RECORDING SHALL BE MAINTAINED FOR FIVE
YEARS.  SUCH RECORDINGS SHALL BE CONFIDENTIAL AND SHALL ONLY  BE  AVAIL-
ABLE  TO  THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT
FOR THE PURPOSES OF QUALITY ASSURANCE AND ENHANCED CHILD SAFETY UNLESS A
COURT ORDER DIRECTS DISCLOSURE FOR THE PURPOSES OF A  CRIMINAL  PROCEED-
ING.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04464-01-9

co-Sponsors

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multi-Sponsors

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2009-A3812A - Details

Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7031
2013-2014: A4353
2015-2016: A3616

2009-A3812A - Summary

Requires the recording of all calls made to the statewide central register of child abuse and maltreatment; also requires such recordings to be maintained for 5 years.

2009-A3812A - Sponsor Memo

                                BILL NUMBER:A3812A               REVISED 6/8/09

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

Purpose  Or  General  Idea  Of  Bill:   The purpose of this bill is to
require the recording of calls to the statewide  central  register  of
child abuse and maltreatment made by persons required by law to report
child abuse and maltreatment.

Summary  Of  Specific Provisions:  Section one creates a new paragraph
(e) of subdivision 2 of section 422 of  the  Social  Services  Law  to
require  that the office of children and family services (OCFS) record
all calls made by mandated  reporters  to  the  child  abuse  hotline.
Further,  it  provides  that the retention of calls accepted should be
maintained for the length of time required by current  law.  Also,  it
provides  that calls not accepted as a report be recorded and retained
for a period of five years. This bill stipulates that  all  recordings
made  pursuant  to this act shall be confidential and for the purposes
of  quality  assurance  and  child  safety;  provided,  however,  that
recording  or  recordings  may be made available via judicial subpoena
based upon the judicial determination that such recording is necessary
evidence in a criminal proceeding concerning  a  false  allegation  of
child abuse and maltreatment.

Effects Of Present Law Which This Bill Would Alter:

§422  (2)  of  the  Social  Services  law  is  amended by adding a new
paragraph (e).

Justification:  This bill aims to better protect children by  amending
social  services  law to require that calls made by mandated reporters
be recorded and retained by the Office of Children and Family Services
(OCFS) for specific time  Periods.  Mandated  reporters  constitute  a
first   line   of   defense  against  child  abuse  and  maltreatment.
Intervention is only possible after  identification  of  abuse  and/or
maltreatment  and  it  is  important that those identifications are as
accurate as possible. In 2006, there were 365,000 calls to the SCR, of
which 157,407 were registered. Of those calls registered, 61% (96,684)
were made by mandated reporters. The  bill  limits  the  recording  of
calls  to  the  SCR  by  mandated  reporters  in  attempt  to  see how
implementation of this  policy  change  will  enhance  the  safety  of
children.  Once  the  issues or recording and retention are addressed,
the state should look to record all calls made to the SCR.  Currently,
14 other states record calls to a child abuse hotline.

Prior  Legislative  History:    2008  A4137A (Scarborough) referred to
children and families; reported and referred to codes
2007: A4137 (Scarborough) amended and advanced to third reading  (Cal.
689)
2006: 11152A passed Assembly and delivered to Senate

Fiscal Implications For State And Local Governments:  None

Effective  Date:  First day of April next succeeding the date on which
it shall have become a law

2009-A3812A - Bill Text download pdf

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

                                 3812--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH,  HOYT, PAULIN, CLARK, ROBINSON,
  BENJAMIN, BRADLEY, TITUS, N. RIVERA, JAFFEE, BARRON -- Multi-Sponsored
  by -- M. of A.  GLICK, KOLB, LAVINE, PHEFFER, TOWNSEND  --  read  once
  and referred to the Committee on Children and Families -- reported and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend the social services law, in relation to mandating the
  recording of calls made to 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. Subdivision 2 of section 422 of the social services law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  (I) ALL TELEPHONE CALLS MADE TO THE STATEWIDE CENTRAL REGISTER BY
PERSONS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE AND  MALTREAT-
MENT  AS DEFINED IN SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE SHALL BE
RECORDED. FOR ANY TELEPHONE CALL THAT CONSTITUTES A REPORT, SUCH RECORD-
ING SHALL BE MAINTAINED FOR THE LENGTH OF  TIME  OTHERWISE  REQUIRED  BY
THIS  SECTION FOR MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT.
FOR ANY TELEPHONE CALL THAT DOES NOT CONSTITUTE A REPORT, SUCH RECORDING
SHALL BE MAINTAINED FOR FIVE YEARS.
  (II) ALL SUCH RECORDINGS  SHALL  BE  CONFIDENTIAL  AND  SHALL  NOT  BE
CONSIDERED AS PART OF THE RECORD UNDER PARAGRAPH (A) OF SUBDIVISION FOUR
OF  THIS  SECTION  AND  SHALL ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT FOR  THE  PURPOSES  OF  QUALITY
ASSURANCE AND ENHANCED CHILD SAFETY.
  (III) A COURT MAY DIRECT DISCLOSURE OF A RECORDING OR RECORDINGS UNDER
THIS  SUBDIVISION  UPON  A FINDING THAT SUCH RECORDING OR RECORDINGS ARE
NECESSARY TO A DETERMINATION BEFORE THE COURT DURING A CRIMINAL PROCEED-
ING CONCERNING A VIOLATION OF SUBDIVISION FOUR OF SECTION 240.50 OF  THE
PENAL LAW.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04464-03-9

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A3812B (ACTIVE) - Details

Current Committee:: Assembly Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §422, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7031
2013-2014: A4353
2015-2016: A3616

2009-A3812B (ACTIVE) - Summary

Requires the recording of all calls made to the statewide central register of child abuse and maltreatment; also requires such recordings to be maintained for 5 years.

2009-A3812B (ACTIVE) - Bill Text download pdf

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

                                 3812--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH,  HOYT, PAULIN, CLARK, ROBINSON,
  BENJAMIN, TITUS, N. RIVERA, JAFFEE, BARRON -- Multi-Sponsored by -- M.
  of A. GLICK, KOLB, LAVINE, McENENY, PHEFFER, TOWNSEND -- read once and
  referred to the Committee on Children and  Families  --  reported  and
  referred  to  the Committee on Ways and Means -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- recommitted to the Committee on Children and Families in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the social services law, in relation  to  mandating  the
  recording  of  calls  made  to 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. Subdivision 2 of section 422 of the social services law is
amended by adding a new paragraph (d) to read as follows:
  (D) (I) ALL TELEPHONE CALLS MADE TO THE STATEWIDE CENTRAL REGISTER  BY
PERSONS  REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE AND MALTREAT-
MENT AS DEFINED IN SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE SHALL  BE
RECORDED.  ALL PERSONS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE
AND  MALTREATMENT  AS  DEFINED  IN THIS SECTION SHALL BE INFORMED BY THE
STATEWIDE CENTRAL REGISTRY THAT SUCH CALL IS BEING RECORDED.    FOR  ANY
TELEPHONE  CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE MAIN-
TAINED FOR THE LENGTH OF TIME OTHERWISE REQUIRED  BY  THIS  SECTION  FOR
MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE
CALL  THAT  DOES  NOT CONSTITUTE A REPORT, SUCH RECORDING SHALL BE MAIN-
TAINED FOR FIVE YEARS.
  (II) ALL SUCH RECORDINGS  SHALL  BE  CONFIDENTIAL  AND  SHALL  NOT  BE
CONSIDERED AS PART OF THE RECORD UNDER PARAGRAPH (A) OF SUBDIVISION FOUR
OF  THIS  SECTION  AND  SHALL ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04464-05-0

A. 3812--B                          2

REGISTER OF CHILD ABUSE AND MALTREATMENT FOR  THE  PURPOSES  OF  QUALITY
ASSURANCE AND ENHANCED CHILD SAFETY.
  (III) A COURT MAY DIRECT DISCLOSURE OF A RECORDING OR RECORDINGS UNDER
THIS  SUBDIVISION  UPON  A FINDING THAT SUCH RECORDING OR RECORDINGS ARE
NECESSARY TO A DETERMINATION BEFORE THE COURT DURING A CRIMINAL PROCEED-
ING CONCERNING A VIOLATION OF SUBDIVISION FOUR OF SECTION 240.50 OF  THE
PENAL LAW.
  S  2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

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Assembly Bill A3812B

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A3812 - Details

2009-A3812 - Summary

2009-A3812 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A3812A - Details

2009-A3812A - Summary

2009-A3812A - Sponsor Memo

2009-A3812A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A3812B (ACTIVE) - Details

2009-A3812B (ACTIVE) - Summary

2009-A3812B (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A3812B

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Sponsored By

SCARBOROUGH

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A3812 - Details

2009-A3812 - Summary

2009-A3812 - Bill Text download pdf

co-Sponsors

Sam Hoyt

Amy Paulin

Barbara Clark

Annette Robinson

multi-Sponsors

Deborah Glick

Brian Kolb

Charles Lavine

John McEneny

2009-A3812A - Details

2009-A3812A - Summary

2009-A3812A - Sponsor Memo

2009-A3812A - Bill Text download pdf

co-Sponsors

Sam Hoyt

Amy Paulin

Barbara Clark

Annette Robinson

multi-Sponsors

Deborah Glick

Brian Kolb

Charles Lavine

John McEneny

2009-A3812B (ACTIVE) - Details

2009-A3812B (ACTIVE) - Summary

2009-A3812B (ACTIVE) - Bill Text download pdf

Comments