S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7160
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by  Sen. RITCHIE -- 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 the  receipt  of
   electronic  reports  by  the state central register of child abuse and
   maltreatment; and  to  require  the  office  of  children  and  family
   services  to  develop and implement a web intake incident form for the
   receipt of electronic communications alleging child abuse or maltreat-
   ment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 3 of section 422 of the social services
 law, subdivision 2 as amended by chapter 717 of the laws of 1986,  para-
 graph (a) of subdivision 2 as amended by chapter 357 of the laws of 2014
 and  subdivision  3  as  added  by chapter 1039 of the laws of 1973, are
 amended to read as follows:
   2. (a) The central register shall be capable  of  receiving  telephone
 calls AND ELECTRONIC REPORTS 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  state-
 wide  telephone  number  AND  INTERNET ADDRESS that all persons, whether
 mandated by the law or not, may use to  make  telephone  calls  OR  SEND
 ELECTRONIC  COMMUNICATIONS 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 circum-
 stances  of  a  child.    In  addition to the single statewide telephone
 number AND INTERNET ADDRESS, there shall be a special  unlisted  express
 telephone  number  and a telephone facsimile number AND INTERNET ADDRESS
 for use only by persons mandated by law to make telephone calls,  or  to
 transmit  telephone  facsimile  OR  ELECTRONIC  information  on  a  form
 provided by the commissioner of children and family  services,  alleging
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02650-01-7

 S. 7160                             2
 
 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.  THE WEBPAGE CREATED
 TO  ACCEPT  ELECTRONIC  REPORTS  SHALL  BE  CAPABLE OF RECEIVING DIGITAL
 IMAGES AND ELECTRONIC DOCUMENTS IN COMMON FILE FORMATS. When any allega-
 tions contained in such  telephone  calls  OR  ELECTRONIC  REPORT  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  maltreat-
 ment  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  OR  MAKING THE ALLEGATION ONLINE 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,  involving  the  same  child, sibling, or other children in the
 household or the subject of the report, the office of children and fami-
 ly services shall identify the report as such and note any prior reports
 when transmitting the report to the local child protective services  for
 investigation.
   (b)  Any telephone call OR ELECTRONIC REPORT 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 allega-
 tions,  which if true would constitute child abuse or maltreatment shall
 constitute a report and shall be immediately transmitted orally or elec-
 tronically by the [department] OFFICE OF CHILDREN AND FAMILY SERVICES to
 the appropriate local child protective service for investigation.
   (c) Whenever a telephone call OR ELECTRONIC REPORT  to  the  statewide
 central  register  described in this section is received by the [depart-
 ment] OFFICE OF CHILDREN  AND  FAMILY  SERVICES,  and  the  [department]
 OFFICE  OF  CHILDREN AND FAMILY SERVICES finds that the person allegedly
 responsible for abuse or maltreatment of a child cannot be a subject  of
 a  report  as defined in subdivision four of section four hundred twelve
 of this [chapter] TITLE, but believes that the alleged acts  or  circum-
 stances  against  a  child described in the telephone call OR ELECTRONIC
 REPORT may constitute a crime or an  immediate  threat  to  the  child's
 health  or  safety,  the  [department]  OFFICE  OF  CHILDREN  AND FAMILY
 SERVICES, shall convey by the most expedient means available the  infor-
 mation  contained  in  such  telephone  call OR ELECTRONIC REPORT to the
 appropriate law enforcement agency, district attorney  or  other  public
 official empowered to provide necessary aid or assistance.

 S. 7160                             3
 
   3.  The  central  register  shall  include  but  not be limited to the
 following information: all the information in the written AND ELECTRONIC
 report; a record of the  final  disposition  of  the  report,  including
 services  offered  and  services  accepted;  the plan for rehabilitative
 treatment;  the  names  and identifying data, dates and circumstances of
 any person requesting or receiving information from  the  register;  and
 any  other  information which the commissioner believes might be helpful
 in the furtherance of the purposes of this chapter.
   § 2. 1. The office of children and family services shall  develop  and
 implement a web intake incident form on the office of children and fami-
 ly  services website for the receipt of electronic communications alleg-
 ing child abuse or maltreatment as authorized pursuant to section 422 of
 the social services law.
   2. The web intake incident form shall include but not be limited to:
   (a) Information for mandated reporters;
   (b) Information for when the use of the web intake  incident  form  is
 appropriate,  including  notification that use of the online form should
 not be used to report an incident that is  an  emergency  and  that  the
 reporter should immediately contact emergency services;
   (c)  Space  to  provide  details  on  the incident in question, victim
 information, information of the perpetrator, and the reporter's  contact
 information, if applicable;
   (d)  Any  information  required  pursuant to section 422 of the social
 services law or other applicable sections of law;
   (e) The ability to attach digital images and electronic  documents  in
 common file formats; and
   (f)  A review page of the information entered on the form prior to the
 electronic submission of the report.
   § 3. This act shall take effect one year after  this  act  shall  have
 become  a  law. Effective immediately, the commissioner of the office of
 children and family services is authorized to  promulgate  any  and  all
 rules and regulations and take any other measures necessary to implement
 this act on its effective date, on or before such date.