The New York State Senate

 
                     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.