Assembly Bill A11074

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11074
 
                           I N  A S S E M B L Y
 
                              April 24, 2026
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the social services law, in  relation  to  reporting  of
   allegations of child abuse or maltreatment that occurred to a resident
   of New York in another state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 415 of the  social  services  law,  as  amended  by
 section  3-a of part D of chapter 501 of the laws of 2012, is amended to
 read as follows:
   § 415. Reporting  procedure.  Reports  of  suspected  child  abuse  or
 maltreatment  made  pursuant  to this title shall be made immediately by
 telephone or by telephone facsimile machine on a form  supplied  by  the
 commissioner of the office of children and family services. Oral reports
 shall  be followed by a report in writing within forty-eight hours after
 such oral report. Oral reports shall be made to  the  statewide  central
 register  of  child  abuse and maltreatment unless the appropriate local
 plan for the provision of child protective services provides  that  oral
 reports  should  be made to the local child protective service. In those
 localities in which oral reports are made initially to the  local  child
 protective  service, the child protective service shall immediately make
 an oral or electronic report to the statewide central register.  Written
 reports  shall be made to the appropriate local child protective service
 except that written reports involving children being cared for in a home
 operated or supervised by an authorized agency or the office of children
 and family services shall be made to the statewide central  register  of
 child  abuse  and  maltreatment  which shall transmit the reports to the
 agency responsible for investigating  the  report,  in  accordance  with
 section  four hundred twenty-four-b of this title. Written reports shall
 be made in a manner prescribed and on forms supplied by the commissioner
 of the office of children and family  services  and  shall  include  the
 following  information: the names and addresses of the child and [his or
 her] THE CHILD'S parents or other person responsible for  [his  or  her]
 THE  CHILD'S  care,  if  known,  and,  as  the case may be, the name and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15548-01-6
 A. 11074                            2
 
 address of the program in which the child is receiving care; the child's
 age, sex and race; the nature and extent of the child's injuries,  abuse
 or  maltreatment,  including  any  evidence  of prior injuries, abuse or
 maltreatment  to  the  child  or,  as  the case may be, [his or her] THE
 CHILD'S siblings; the name of  the  person  or  persons  alleged  to  be
 responsible  for  causing  the  injury, abuse or maltreatment, if known;
 family composition, where appropriate; the source  of  the  report;  the
 person  making  the  report  and  where  [he  or she] SUCH PERSON can be
 reached; the actions taken by the reporting source, including the taking
 of photographs and x-rays, removal or keeping of the child or  notifying
 the  medical  examiner  or  coroner; and any other information which the
 commissioner of the office of children and family services may, by regu-
 lation, require, or the person making the report believes might be help-
 ful, in the furtherance of the purposes of this title.   Notwithstanding
 the privileges set forth in article forty-five of the civil practice law
 and  rules,  and  any  other  provision of law to the contrary, mandated
 reporters who make a report which initiates an investigation of an alle-
 gation of child abuse or maltreatment are required to  comply  with  all
 requests for records made by a child protective service relating to such
 report, including records relating to diagnosis, prognosis or treatment,
 and  clinical records, of any patient or client that are essential for a
 full investigation of allegations of child abuse or maltreatment  pursu-
 ant to this title; provided, however, that disclosure of substance abuse
 treatment records shall be made pursuant to the standards and procedures
 for  disclosure  of  such  records  delineated  in  federal law. Written
 reports from persons or officials required by this title to report shall
 be admissible in evidence in any proceedings relating to child abuse  or
 maltreatment.    IF A REPORT OF SUSPECTED CHILD ABUSE OR MALTREATMENT IS
 MADE IN NEW YORK  STATE  REGARDING  AN  ALLEGATION  OF  CHILD  ABUSE  OR
 MALTREATMENT  THAT  OCCURRED  IN  ANOTHER  STATE INVOLVING A CHILD WHOSE
 PRIMARY RESIDENCE IS NEW YORK STATE, THE OFFICE OF CHILDREN  AND  FAMILY
 SERVICES  MUST  REGISTER A REPORT AND PROVIDE SUCH REPORT TO THE AGENCY,
 HAVING SIMILAR POWERS, IN THE STATE IN WHICH  THE  ALLEGATION  OF  CHILD
 ABUSE OR MALTREATMENT OCCURRED.
   § 2. This act shall take effect immediately.