S T A T E O F N E W Y O R K
________________________________________________________________________
3616
2015-2016 Regular Sessions
I N A S S E M B L Y
January 27, 2015
___________
Introduced by M. of A. SCARBOROUGH, PAULIN, CLARK, ROBINSON, COOK,
TITUS, JAFFEE -- Multi-Sponsored by -- M. of A. GLICK, KOLB, LAVINE,
MAGEE, SCHIMEL -- read once and referred to the Committee on Children
and Families
AN ACT to amend the social services law, in relation to mandating the
recording of calls made to 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. Subdivision 2 of section 422 of the social services law is
amended by adding a new paragraph (d) to read as follows:
(D) (I) ALL TELEPHONE CALLS MADE TO THE STATEWIDE CENTRAL REGISTER BY
PERSONS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE AND MALTREAT-
MENT AS DEFINED IN SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE SHALL BE
RECORDED. ALL PERSONS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE
AND MALTREATMENT AS DEFINED IN THIS SECTION SHALL BE INFORMED BY THE
STATEWIDE CENTRAL REGISTRY THAT SUCH CALL IS BEING RECORDED. FOR ANY
TELEPHONE CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE MAIN-
TAINED FOR THE LENGTH OF TIME OTHERWISE REQUIRED BY THIS SECTION FOR
MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE
CALL THAT DOES NOT CONSTITUTE A REPORT, SUCH RECORDING SHALL BE MAIN-
TAINED FOR FIVE YEARS.
(II) ALL SUCH RECORDINGS SHALL BE CONFIDENTIAL AND SHALL NOT BE
CONSIDERED AS PART OF THE RECORD UNDER PARAGRAPH (A) OF SUBDIVISION FOUR
OF THIS SECTION AND SHALL ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT FOR THE PURPOSES OF QUALITY
ASSURANCE AND ENHANCED CHILD SAFETY.
(III) A COURT MAY DIRECT DISCLOSURE OF A RECORDING OR RECORDINGS UNDER
THIS SUBDIVISION UPON A FINDING THAT SUCH RECORDING OR RECORDINGS ARE
NECESSARY TO A DETERMINATION BEFORE THE COURT DURING A CRIMINAL PROCEED-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08089-01-5
A. 3616 2
ING CONCERNING A VIOLATION OF SUBDIVISION FOUR OF SECTION 240.50 OF THE
PENAL LAW.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.