Assembly Bill A3118

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

                                  3118

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

Introduced  by  M.  of  A.  PEOPLES-STOKES, SCHIMMINGER -- 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 357 of the laws of 2014, 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  and  any  previous  reports to the
central registry involving the subject of such report or children  named

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01161-01-5
              

A. 3118                             2

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.  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.
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 TRANS-
MITS  THE  REPORT  OF  SUSPECTED CHILD ABUSE OR NEGLECT REQUIRED BY THIS
SUBDIVISION.
  S 2. This act shall take effect immediately.