S T A T E O F N E W Y O R K
________________________________________________________________________
7879
2021-2022 Regular Sessions
I N A S S E M B L Y
May 28, 2021
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to the adminis-
tration of the statewide central register of child abuse and maltreat-
ment
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, THE CALLER'S NAME, THE CALLER'S
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11465-01-1
A. 7879 2
CONTACT INFORMATION 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. 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 indi-
cated, 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.
§ 2. Paragraph (a) of subdivision 2 of section 422 of the social
services law, as amended by section 6 of subpart A of part JJ of chapter
56 of the laws of 2021, 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, after utilizing protocols that would reduce implicit
bias from the decision-making process, such allegations, THE CALLER'S
NAME, THE CALLER'S CONTACT INFORMATION 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
A. 7879 3
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.
§ 3. Subdivision 2 of section 422 of the social services law is
amended by adding a new paragraph (d) to read as follows:
(D) A CALLER MAKING A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT
TO THE CENTRAL REGISTRY SHALL BE ASKED FOR THEIR NAME AND CONTACT INFOR-
MATION. NO REPORT SHALL BE TRANSMITTED TO A LOCAL CHILD PROTECTIVE
SERVICE FOR INVESTIGATION UNLESS THE CALLER'S NAME AND CONTACT INFORMA-
TION IS PROVIDED.
§ 4. This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the one hundred eightieth
day after it shall have become a law; provided, however, that if part JJ
of chapter 56 of the laws of 2021 shall not have taken effect on or
before such date then section two of this act shall take effect on the
same date and in in the same manner as such part takes effect.