Senate Bill S188

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    188
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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  transmitting
   certain information to the local child protective services

   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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00185-01-3
 S. 188                              2
 
 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 fami-
 ly services to the appropriate local child protective service for inves-
 tigation.  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 appro-
 priate 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.    THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL IMME-
 DIATELY DETERMINE AND THEN NOTIFY THE APPROPRIATE LOCAL CHILD PROTECTIVE
 SERVICES IF A SUBJECT OF AN ALLEGATION OF CHILD ABUSE OR MALTREATMENT IS
 THE OPERATOR OF A LICENSED OR REGISTERED CHILD  CARE  FACILITY,  OR  ANY
 SIMILAR  FACILITY THAT RECEIVES FUNDING PURSUANT TO TITLE FIVE-C OF THIS
 ARTICLE, OR IF ANY PERSON NAMED IN A REPORT IS A KNOWN SEX  OFFENDER  OR
 TO  HAVE  PREVIOUSLY BEEN THE SUBJECT OF AN INDICATED REPORT OF ABUSE OR
 NEGLECT. SUCH NOTICE TO THE LOCAL CHILD PROTECTIVE SERVICES  SHALL  TAKE
 PLACE AT THE TIME THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES TRANS-
 MITS  THE  REPORT  OF  SUSPECTED CHILD ABUSE OR NEGLECT REQUIRED BY THIS
 SUBDIVISION.
   § 2. This act shall take effect immediately.