senate Bill S2016

2013-2014 Legislative Session

Requires investigation of all reports of child abuse made to the statewide central register of child abuse by hospitals, or medical or law enforcement personnel

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to children and families
delivered to assembly
passed senate
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.530
Feb 26, 2014 reported and committed to finance
Jan 08, 2014 referred to children and families
returned to senate
died in assembly
Jun 12, 2013 referred to children and families
delivered to assembly
passed senate
Jun 11, 2013 ordered to third reading cal.1230
committee discharged and committed to rules
Apr 22, 2013 reported and committed to finance
Jan 09, 2013 referred to children and families

Votes

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Feb 26, 2014 - Children and Families committee Vote

S2016
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Feb 26, 2014

aye wr (2)

Jun 11, 2013 - Rules committee Vote

S2016
25
0
committee
25
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Apr 22, 2013 - Children and Families committee Vote

S2016
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: Apr 22, 2013

Co-Sponsors

S2016 - Bill Details

See Assembly Version of this Bill:
A6521
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd ยงยง422 & 424, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
S6115

S2016 - Bill Texts

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Provides that when the state central register of child abuse and maltreatment receives a report by means of a telephone call from a physician, registered nurse or registered physician's assistant or from a social worker or psychologist, or by a law enforcement official, such telephone calls shall not be screened by the hotline but shall be immediately transmitted to the appropriate child protective service for investigation; provides for the child protective service of each county to establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interests of at risk children and to better provide essential services to their families.

view sponsor memo
BILL NUMBER:S2016

TITLE OF BILL: An act to amend the social services law, in relation to
requiring investigation of all reports of child abuse made by a hospital
or medical or law enforcement personnel

PURPOSE: To provide that when the State Central Register of Child Abuse
and Maltreatment receives telephone calls from medical, law enforcement
or from social workers or psychologists employed by or affiliated with
hospitals such telephone calls shall not be screened by the Hotline but
shall immediately be referred for investigation by the Child Protective
Service. The bill further provides for the child protective service of
each county to establish procedures for communication and cooperation
with local hospitals and law enforcement to better protect the interests
of at risk children and to better provide essential services to their
families.

SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (b) of subdivision 2 of section 422 of the
Social Services Law to require that when a person who is required to
make a telephone call to report of child abuse and maltreatment and who
is a: physician; nurse; hospital personnel engaged in the examination,
care or treatment of persons; registered physician's assistant; or
social worker or psychologist; or a law enforcement official, then that
call should be immediately referred to the appropriate child protective
service for investigation.

Section 2: Adds a new subdivision 9-a to section 424 of the Social
Services Law to provide that the child protective service of each county
establish procedures for communication and cooperation with local hospi-
tals and law enforcement to better protect the interest of at risk chil-
dren.

Section 3: Effective date.

EXISTING LAW: Current law requires that all calls alleging child abuse
and maltreatment from mandated reporters be screened by the State
Central Registry before they can be referred for investigation. Current
law is silent regarding the establishment of formal and informal prac-
tices and procedure for cooperation and communication with local hospi-
tals and law enforcement who are involved with the child protective
service at the "front lines" of protecting children at risk in our
communities.

JUSTIFICATION: Currently, there is a lack of clarity in the law as to
the responsibilities of hospital and law enforcement professionals who
work together with the child protective services in coordinating
resources, sharing information and providing follow up services and
support to children at risk for abuse. Unfortunately, as a direct result
of such ambiguities, there have been breakdowns in our governmental

system that is supposed protect children, leading to injury, and ulti-
mately the tragic death of abused children. This bill is an attempt to
build better bridges of communication and cooperation between public
servants and medical providers who have the best knowledge of how to
identify and combat child abuse in our communities.

LEGISLATIVE HISTORY:

S.6115 of 2012: Passed Senate, Died in Assembly Children and Families
S.468 of 2008: Died in Senate Rules, Died in Assembly Children and Fami-
lies S.468 of 2007: Passed Senate, Died in Assembly Children and Fami-
lies S.269 of 2006: Passed Senate, Died in Assembly Children and Fami-
lies S.269 of 2005: Died in Senate Social Services, Children and
Families S.4759-A of 2004: Passed Senate, Died in Assembly Children and
Families S.4759-A of 2003: Passed Senate, Died in Assembly Children and
Families A.1486 of 2002: Died in Assembly Children and Families A.1486
of 2001: Died in Assembly Children and Families S.1257 of 2000: Passed
Senate, Died in Assembly Children and Families S.1257 of 1999: Passed
Senate, Died in Assembly Children and Families S.1483 of 1998: Passed
Senate, Died in Assembly Children and Families S.1483 of 1997: Passed
Senate, Died in Assembly Children and Families S.6091-A of 1996: Passed
Senate. Died in Assembly Children and Families

FISCAL IMPLICATIONS: Minimal to local CPS. The required policies should
already be a part of good casework practice.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after it shall have become a law.

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

                                  2016

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, in relation to requiring inves-
  tigation of all reports of child abuse made by a hospital  or  medical
  or law enforcement personnel

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 2 of section 422 of the social
services law, as added by chapter 717 of the laws of 1986, is amended to
read as follows:
  (b) (I) Any telephone call 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  allegations,  which
if  true would constitute child abuse or maltreatment shall constitute a
report and shall be immediately transmitted orally or electronically  by
the  department  to  the  appropriate local child protective service for
investigation.
  (II) WHEN A TELEPHONE CALL ATTEMPTING TO MAKE A REPORT OF CHILD  ABUSE
AND  MALTREATMENT  IS  MADE  BY  A  PERSON REQUIRED TO MAKE SUCH REPORTS
PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE AND  SUCH  TELE-
PHONE  CALL  IS  RECEIVED  FROM  A PHYSICIAN, REGISTERED NURSE, HOSPITAL
PERSONNEL ENGAGED IN THE EXAMINATION,  CARE  OR  TREATMENT  OF  PERSONS,
REGISTERED  PHYSICIAN'S  ASSISTANT  OR  FROM A SOCIAL WORKER OR PSYCHOL-
OGIST; OR BY A LAW ENFORCEMENT OFFICIAL, SUCH TELEPHONE CALL  SHALL,  IF
NOT  OTHERWISE  REFERRED  PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
CONSTITUTE A REPORT AND SHALL BE IMMEDIATELY TRANSMITTED TO  THE  APPRO-
PRIATE CHILD PROTECTIVE SERVICE FOR INVESTIGATION IN THE MANNER PROVIDED
FOR IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 2. Section 424 of the social services law is amended by adding a new
subdivision 9-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05951-01-3

S. 2016                             2

  9-A. ESTABLISH IN COOPERATION AND CONSULTATION WITH HOSPITALS, MEDICAL
CLINICS  AND  LAW  ENFORCEMENT  OFFICIALS  WITHIN  THE  SOCIAL  SERVICES
DISTRICT, PROCEDURES AND PROTOCOLS FOR THE COOPERATION AND  COORDINATION
OF CHILD PROTECTIVE SERVICES WITH MANDATED REPORTERS AND MEDICAL AND LAW
ENFORCEMENT  PERSONNEL SERVING THE SOCIAL SERVICES DISTRICT. SUCH PROCE-
DURES AND PROTOCOLS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO:
  (I) ESTABLISHMENT OF  STANDARDIZED  DOCUMENTATION  AND  PROCEDURES  BY
WHICH A HOSPITAL MAY BE DIRECTED BY THE CHILD PROTECTIVE SERVICE TO KEEP
A  CHILD  IN PROTECTIVE CUSTODY PURSUANT TO APPLICABLE PROVISIONS OF THE
FAMILY COURT ACT AND THIS CHAPTER;
  (II) ESTABLISHMENT OF  PROCEDURES  FOR  THE  IDENTIFICATION  OF  CHILD
PROTECTIVE  SERVICES WORKERS AND THE NOTIFICATION TO HOSPITALS THAT SUCH
WORKERS ARE PRESENT AND CONDUCTING INVESTIGATIONS OR  INTERVIEWS  WITHIN
THE HOSPITAL;
  (III)  COORDINATION WITH HOSPITALS AND WHERE APPROPRIATE, LAW ENFORCE-
MENT OFFICIALS REGARDING PLANS FOR THE DISCHARGE OF  CHILDREN  SUSPECTED
OF BEING ABUSED OR MALTREATED FROM THE HOSPITAL, INCLUDING THE RESPONSI-
BILITIES OF THE CHILD'S PARENTS OR GUARDIANS TO PROVIDE MEDICAL OR OTHER
THERAPEUTIC OR PREVENTIVE SERVICES TO THE CHILD; AND
  (IV)  ESTABLISHMENT  OF  SYSTEMS  OF  ACCESS AND COMMUNICATION BETWEEN
HOSPITALS, LAW ENFORCEMENT AND THE CHILD PROTECTIVE SERVICE  TO  PROVIDE
FOR THE CONSISTENT AND ONGOING PROTECTION AND SUPERVISION OF CHILDREN AT
RISK WITHIN THE DISTRICT;
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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