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

                                  5374

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A. ERRIGO, BARCLAY, FINCH, HAYES, KOLB, TOBACCO,
  TOWNSEND, WALKER -- Multi-Sponsored by --  M.  of  A.  ALFANO,  BARRA,
  CALHOUN,  CROUCH,  GIGLIO, JORDAN, McKEVITT, MOLINARO, REILICH, SPANO,
  TEDISCO -- read once and referred to the  Committee  on  Children  and
  Families

AN  ACT  to  amend the social services law, in relation 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.  Subparagraph  (iv)  of  paragraph (b) of subdivision 1 of
section 424-a of the social services law is renumbered subparagraph  (v)
and a new subparagraph (iv) is added to read as follows:
  (IV)  EACH LICENSING AND PROVIDER AGENCY MAKING AN INQUIRY PURSUANT TO
THE PROVISIONS OF SUBPARAGRAPHS (I), (II) AND (III)  OF  THIS  PARAGRAPH
SHALL  ANNUALLY  RESUBMIT  SUCH  INQUIRY  AND THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL, SUBJECT TO THE PROVISIONS  OF  PARAGRAPH  (E)  OF
THIS  SUBDIVISION,  INFORM SUCH AGENCY WHETHER THE PERSON SUBJECT TO THE
INITIAL INQUIRY HAS SUBSEQUENTLY BEEN OR IS CURRENTLY THE SUBJECT OF  AN
INDICATED CHILD ABUSE AND MALTREATMENT REPORT ON FILE WITH THE STATEWIDE
CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT.
  S  2.  Subdivision  3  of section 424-a of the social services law, as
amended by chapter 578 of the laws  of  1997,  is  amended  to  read  as
follows:
  3.  For  purposes  of  this  chapter, the term "provider" or "provider
agency" shall mean an authorized agency, the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES, juvenile detention  facilities  subject
to  the  certification  of  such [division] OFFICE, programs established
pursuant to article nineteen-H of the executive law, non-residential  or
residential programs or facilities licensed or operated by the office of
mental  health  or  the  office  of mental retardation and developmental
disabilities except family care homes, licensed child day care  centers,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05852-01-9
              

A. 5374                             2

including  head  start  programs which are funded pursuant to title V of
the federal economic opportunity act of nineteen hundred sixty-four,  as
amended,  early  intervention  service  established  pursuant to section
twenty-five  hundred  forty of the public health law, preschool services
established pursuant to section forty-four hundred ten of the  education
law,  school-age child care programs, [special act] school districts [as
enumerated in chapter five hundred sixty-six of  the  laws  of  nineteen
hundred  sixty-seven,  as  amended], programs and facilities licensed by
the office of alcoholism and substance abuse services [and], PRIMARY AND
SECONDARY PRIVATE SCHOOLS, MUNICIPAL PARK AND  RECREATIONS  DEPARTMENTS,
residential  schools  which  are operated, supervised or approved by the
education department AND  SUCH  OTHER  ENTITIES  PROVIDING  REGULAR  AND
SUBSTANTIAL CONTACT WITH CHILDREN AS DESIGNATED IN RULES AND REGULATIONS
ADOPTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES.
  S  3.  Section 424-a of the social services law is amended by adding a
new subdivision 7 to read as follows:
  7. THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES  IS  AUTHORIZED  AND
DIRECTED  TO  ADOPT RULES AND REGULATIONS PROVIDING FOR SHARING OF CHILD
ABUSE AND MALTREATMENT INFORMATION  WITH  APPROPRIATE  CHILD  PROTECTION
SERVICES  IN  OTHER  STATES WHO ARE WILLING TO SHARE SIMILAR INFORMATION
WITH THE OFFICE.
  S 4. This act shall take effect immediately.