Assembly Bill A9438

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

    S. 7126                                                  A. 9438

                      S E N A T E - A S S E M B L Y

                             April 30, 2014
                               ___________

IN SENATE -- Introduced by Sen. KENNEDY -- read twice and ordered print-
  ed,  and when printed to be committed to the Committee on Children and
  Families

IN ASSEMBLY -- Introduced by M. of A. PEOPLES-STOKES --  read  once  and
  referred to the Committee on Children and Families

AN  ACT to amend the social services law, in relation to improvements in
  the state 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. Subdivisions 2 and 3 of section 422 of the social services
law, subdivision 2 as amended by chapter 717 of the laws of 1986,  para-
graph (a) of subdivision 2 as amended by chapter 574 of the laws of 2008
and  subdivision  3  as  added  by chapter 1039 of the laws of 1973, are
amended to read as follows:
  2. (a) The central register shall be capable  of  receiving  telephone
calls AND ELECTRONIC REPORTS 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  state-
wide  telephone  number  AND  INTERNET ADDRESS that all persons, whether
mandated by the law or not, may use to  make  telephone  calls  OR  SEND
ELECTRONIC  COMMUNICATIONS 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 circum-
stances of a child. In addition to the single statewide telephone number
AND  INTERNET  ADDRESS,  there shall be a special unlisted express tele-
phone number and a telephone facsimile number AND INTERNET  ADDRESS  for
use only by persons mandated by law to make telephone calls, or to tran-
smit telephone facsimile OR ELECTRONIC information on a form provided by
the  commissioner,  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.   THE WEBPAGE CREATED TO ACCEPT ELECTRONIC REPORTS SHALL BE CAPA-
BLE OF RECEIVING DIGITAL IMAGES AND ELECTRONIC DOCUMENTS IN COMMON  FILE
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14761-01-4

S. 7126                             2                            A. 9438

FORMATS. When any allegations contained in such telephone calls OR ELEC-
TRONIC  REPORT  could  reasonably  constitute a report of child abuse or
maltreatment, such allegations 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 OR MAKING THE ALLEGATION
ONLINE 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 indi-
cate 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 informa-
tion, the appropriate local child protective service shall be immediate-
ly 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, involving the same child, sibling, or other chil-
dren in the household or the subject of the report, the office of  chil-
dren  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.
  (b) Any telephone call OR ELECTRONIC REPORT made by a person  required
to  report  cases  of  suspected child abuse or maltreatment pursuant to
section four hundred thirteen of this [chapter] TITLE containing allega-
tions, which if true would constitute child abuse or maltreatment  shall
constitute a report and shall be immediately transmitted orally or elec-
tronically by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES to
the appropriate local child protective service for investigation.
  (c)  Whenever  a  telephone call OR ELECTRONIC REPORT to the statewide
central register described in this section is received by  the  [depart-
ment]  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, and the [department]
OFFICE OF CHILDREN AND FAMILY SERVICES finds that the  person  allegedly
responsible  for abuse or maltreatment of a child cannot be a subject of
a report as defined in subdivision four of section four  hundred  twelve
of  this  [chapter] TITLE, but believes that the alleged acts or circum-
stances against a child described in the telephone  call  OR  ELECTRONIC
REPORT  may  constitute  a  crime  or an immediate threat to the child's
health or  safety,  the  [department]  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  shall convey by the most expedient means available the infor-
mation contained in such telephone call  OR  ELECTRONIC  REPORT  to  the
appropriate  law  enforcement  agency, district attorney or other public
official empowered to provide necessary aid or assistance.
  3. The central register shall  include  but  not  be  limited  to  the
following information: all the information in the written AND ELECTRONIC
report;  a  record  of  the  final  disposition of the report, including
services offered and services  accepted;  the  plan  for  rehabilitative
treatment;  the  names  and identifying data, dates and circumstances of
any person requesting or receiving information from  the  register;  and
any  other  information which the commissioner believes might be helpful
in the furtherance of the purposes of this chapter.
  S 2. This act shall take effect January 1, 2016.