senate Bill S5942A

Signed By Governor
2013-2014 Legislative Session

Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse

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Sponsored By

Archive: Last Bill Status Via A1987 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2014 signed chap.357
Sep 11, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.1667
substituted for s5942a
Jun 20, 2014 substituted by a1987a
ordered to third reading cal.1667
committee discharged and committed to rules
Jun 19, 2014 print number 5942a
amend and recommit to children and families
Jan 08, 2014 referred to children and families
Oct 02, 2013 referred to rules

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5942 - Bill Details

See Assembly Version of this Bill:
A1987A
Law Section:
Social Services Law
Laws Affected:
Amd §422, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A6404
2009-2010: A3352

S5942 - Bill Texts

view summary

Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse.

view sponsor memo
BILL NUMBER:S5942

TITLE OF BILL:
An act
to amend the social services law, in relation to determinations made by
the statewide central register of child abuse and maltreatment

PURPOSE OR GENERAL IDEA OF BILL:

To require that, when determining if allegations of child abuse or
maltreatment should he reported, the office of children and family
services examine the prior history of past reports and allegations or
child abuse or maltreatment of the subject and his or her family,
specifically including all previous calls to the central register
relating to the subject and any other person named in the allegation
regardless of whether such earlier calls resulted in a report.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph (a) of subdivision 2 of section 422 of
the Social Services Law to require that the office of children and
family services, when in receipt of a telephone call alleging child
abuse or maltreatment, examine the prior history of past reports and
allegations
of child abuse or maltreatment, specifically including all previous
calls to the central register relating to the subject or any other
person named in the allegation in determining whether allegations
contained in a telephone call could reasonably constitute child abuse
or maltreatment.

Section two amends paragraph (a) of subdivision 2 of section 422 of
the Social Services Law to provide that if a report of child abuse or
maltreatment involves either (i) an allegation of an abused child
described in paragraph (i),or (iii) of subdivision (a) 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 be still be pending,
involving the same child, sibling or other children in the household
or the subject of the report, the office of children and family
services will identify the report as such and note any prior reports
when transmitting the report to the local child protective services
for investigation.

EFFECTS OF PRESENT LAW WHICH THE BILL WILL ALTER:

The bill amends the Social Services Law to require that the prior
history of reports and allegations of child abuse or maltreatment be
considered prior to making a determination whether a new allegation
could reasonably constitute a report of child abuse or maltreatment.

JUSTIFICATION:


Often allegations of child abuse do not appear to warrant a report of
child abuse or maltreatment when viewed as an isolated incident.
However, many victims of abuse or maltreatment have a history of such
treatment, much of which gets called in to the central register. By
requiring that this telephone call history be examined each time a
new allegation arises, the ability to better identify cases of abuse
or maltreatment is enhanced.

PRIOR LEGISLATIVE HISTORY:

A6404 (2011-2012) Referred to Children and Families 1/4/12 2005-2006:
A10135A 2007-2008: A5885 (Passed Assembly in 2007 and 2008)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

Immediately.

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

                                  5942

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 2, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
or maltreatment, such allegations shall be immediately transmitted oral-
ly or electronically by the office of children and  family  services  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01751-01-3

S. 5942                             2

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.

Co-Sponsors

S5942A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1987A
Law Section:
Social Services Law
Laws Affected:
Amd §422, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A6404
2009-2010: A3352

S5942A (ACTIVE) - Bill Texts

view summary

Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse.

view sponsor memo
BILL NUMBER:S5942A

TITLE OF BILL: An act to amend the social services law, in relation
to determinations made by the statewide central register of child
abuse and maltreatment

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require the office of children and family services to
transmit, with the allegation of child abuse or neglect, all previous
reports to the central registry involving the subject of the report
and children named in the report.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends Paragraph (a) of Subdivision 2 of Section
422 of the Social Services law to require the office of children and
family services, when it transmits a new report of child abuse and
maltreatment to a child protective agency for investigation, to
include in such transmittal all previous reports involving the subject
of the report and children named in the report including reports of
allegations of child abuse or maltreatment alleged to have occurred in
other counties.

Section 2: Sets an immediate effective date.

JUSTIFICATION:

Local child protective service agencies are required to investigate
calls placed to the central registry which contain an allegation which
could reasonably constitute a report of child abuse or maltreatment.
In order to investigate the case, child protective workers must review
the history of reports made to the central registry involving the
subject of the report and children named in the report. It would be
appropriate that the office of children and family services provide
those records since they are the keeper of those records.
Additionally, local child protective service agencies do not have
access to full records out of their jurisdiction, requiring the agency
to request information from other child protective agencies. Since the
office of children and family services has access to all records in
New York State, they should provide those records in order to ensure
child protective agencies have the necessary information to protect
children at the start of the investigation. This work, currently done
by local child protective services agencies, would give workers more
time to do more field work. This is one in a series of measures being
introduced at the request of the Erie County Executive upon the
recommendation of the county's Commissioner of Social Services to
improve the provision of child protective services to New York's
children and families.

PRIOR LEGISLATIVE HISTORY:

2013: A.1987 (Titus), Referred to the Assembly Committee on Children
and Families

FISCAL IMPLICATIONS:


Minimal.

EFFECTIVE DATE:

Immediate.

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

                                 5942--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             October 2, 2013
                               ___________

Introduced  by Sens. KENNEDY, BRESLIN, DILAN, ESPAILLAT, LATIMER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee  on  Rules  --  recommitted to the Committee on Children and
  Families in accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01751-05-4

S. 5942--A                          2

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  AND  ANY  PREVIOUS  REPORTS TO THE
CENTRAL  REGISTRY INVOLVING THE SUBJECT OF SUCH REPORT OR CHILDREN NAMED
IN SUCH REPORT, INCLUDING ANY PREVIOUS REPORT CONTAINING ALLEGATIONS  OF
CHILD  ABUSE AND MALTREATMENT ALLEGED TO HAVE OCCURRED IN OTHER COUNTIES
AND DISTRICTS IN NEW YORK STATE 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 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 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 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.

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