Assembly Bill A9919

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

                                  9919

                          I N  A S S E M B L Y

                              May 29, 2014
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of 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 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 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, 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 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

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

                                                           LBD14791-01-4

A. 9919                             2

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,  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 subdivi-
sion (e) of section one thousand twelve of the family court act or sexu-
al abuse of a child or the death of a child or (ii) suspected  maltreat-
ment 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.  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  TRANSMITS THE REPORT OF SUSPECTED CHILD
ABUSE OR NEGLECT REQUIRED BY THIS SUBDIVISION.
  S 2. This act shall take effect immediately.