S T A T E O F N E W Y O R K
________________________________________________________________________
4310
2023-2024 Regular Sessions
I N A S S E M B L Y
February 14, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Children and Families
AN ACT to amend the social services law, in relation to requiring inves-
tigation of all reports of child abuse made by a hospital or medical
or law enforcement personnel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 2 of section 422 of the social
services law, as added by chapter 717 of the laws of 1986, is amended to
read as follows:
(b) (I) Any telephone call 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 allegations, which
if true would constitute child abuse or maltreatment shall constitute a
report and shall be immediately transmitted orally or electronically by
the department to the appropriate local child protective service for
investigation.
(II) WHEN A TELEPHONE CALL ATTEMPTING TO MAKE A REPORT OF CHILD ABUSE
AND MALTREATMENT IS MADE BY A PERSON REQUIRED TO MAKE SUCH REPORTS
PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE AND SUCH TELE-
PHONE CALL IS RECEIVED FROM A PHYSICIAN, REGISTERED NURSE, HOSPITAL
PERSONNEL ENGAGED IN THE EXAMINATION, CARE OR TREATMENT OF PERSONS,
REGISTERED PHYSICIAN'S ASSISTANT OR FROM A SOCIAL WORKER OR PSYCHOL-
OGIST; OR BY A LAW ENFORCEMENT OFFICIAL, SUCH TELEPHONE CALL SHALL, IF
NOT OTHERWISE REFERRED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
CONSTITUTE A REPORT AND SHALL BE IMMEDIATELY TRANSMITTED TO THE APPRO-
PRIATE CHILD PROTECTIVE SERVICE FOR INVESTIGATION IN THE MANNER PROVIDED
FOR IN SUBPARAGRAPH (I) OF THIS PARAGRAPH.
§ 2. Section 424 of the social services law is amended by adding a new
subdivision 9-a to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09054-01-3
A. 4310 2
9-A. ESTABLISH IN COOPERATION AND CONSULTATION WITH HOSPITALS, MEDICAL
CLINICS AND LAW ENFORCEMENT OFFICIALS WITHIN THE SOCIAL SERVICES
DISTRICT, PROCEDURES AND PROTOCOLS FOR THE COOPERATION AND COORDINATION
OF CHILD PROTECTIVE SERVICES WITH MANDATED REPORTERS AND MEDICAL AND LAW
ENFORCEMENT PERSONNEL SERVING THE SOCIAL SERVICES DISTRICT. SUCH PROCE-
DURES AND PROTOCOLS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO:
(I) ESTABLISHMENT OF STANDARDIZED DOCUMENTATION AND PROCEDURES BY
WHICH A HOSPITAL MAY BE DIRECTED BY THE CHILD PROTECTIVE SERVICE TO KEEP
A CHILD IN PROTECTIVE CUSTODY PURSUANT TO APPLICABLE PROVISIONS OF THE
FAMILY COURT ACT AND THIS CHAPTER;
(II) ESTABLISHMENT OF PROCEDURES FOR THE IDENTIFICATION OF CHILD
PROTECTIVE SERVICES WORKERS AND THE NOTIFICATION TO HOSPITALS THAT SUCH
WORKERS ARE PRESENT AND CONDUCTING INVESTIGATIONS OR INTERVIEWS WITHIN
THE HOSPITAL;
(III) COORDINATION WITH HOSPITALS AND WHERE APPROPRIATE, LAW ENFORCE-
MENT OFFICIALS REGARDING PLANS FOR THE DISCHARGE OF CHILDREN SUSPECTED
OF BEING ABUSED OR MALTREATED FROM THE HOSPITAL, INCLUDING THE RESPONSI-
BILITIES OF THE CHILD'S PARENTS OR GUARDIANS TO PROVIDE MEDICAL OR OTHER
THERAPEUTIC OR PREVENTIVE SERVICES TO THE CHILD; AND
(IV) ESTABLISHMENT OF SYSTEMS OF ACCESS AND COMMUNICATION BETWEEN
HOSPITALS, LAW ENFORCEMENT AND THE CHILD PROTECTIVE SERVICE TO PROVIDE
FOR THE CONSISTENT AND ONGOING PROTECTION AND SUPERVISION OF CHILDREN AT
RISK WITHIN THE DISTRICT;
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.