Assembly Bill A6404

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

                                  6404

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced by M. of A. TITUS, WRIGHT, ABBATE, GABRYSZAK, KAVANAGH, GALEF
  --  Multi-Sponsored  by  --  M.  of A. BOYLAND, CAHILL, COOK, GUNTHER,
  HOOPER, MAYERSOHN, MILLMAN, PHEFFER,  REILLY,  P. RIVERA,  SWEENEY  --
  read once and referred to the Committee on Children and Families

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09339-01-1
              

A. 6404                             2

or maltreatment, such allegations shall be immediately transmitted oral-
ly  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.   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.