S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3070
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred 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 section 6 of subpart A of  part
 JJ of chapter 56 of the laws of 2021 and subdivision 3 as added by chap-
 ter 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.
                                                            LBD01760-01-3
              

 A. 3070                             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,  after
 utilizing  protocols  that would reduce implicit bias from the decision-
 making process, 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 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 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 indi-
 cate  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 informa-
 tion, the appropriate local child protective service shall be immediate-
 ly notified of the fact. If the report involves either (i) an allegation
 of an abused child described in paragraph (i), (ii) or (iii) of subdivi-
 sion (e) of section one thousand twelve of the family court act or sexu-
 al  abuse of a child or the death of a child or (ii) suspected maltreat-
 ment 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 chil-
 dren in the household or the subject of the report, the office of  chil-
 dren  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.
   (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
 A. 3070                             3
 
 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. This act shall take effect January 1, 2025.