Senate Bill S1541

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1541
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 15, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 improvements  in
   the state 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. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02040-01-9

 S. 1541                             2
 
 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.
   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

 S. 1541                             3
 
 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. This act shall take effect January 1, 2021.