Senate Bill S8778

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8778
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the social services  law,  in  relation  to  information
   required  to be provided in calls made to the statewide central regis-
   ter of child abuse and maltreatment; and to amend  a  chapter  of  the
   laws of 2025 amending the social services law relating to the adminis-
   tration of the statewide central register of child abuse and maltreat-
   ment,  as  proposed in legislative bills numbers S. 550-A and A. 66-A,
   in relation to the effectiveness thereof
 
   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 a chapter of the laws of 2025 amending the
 social services law relating to  the  administration  of  the  statewide
 central  register of child abuse and maltreatment, as proposed in legis-
 lative bills numbers S. 550-A  and  A.  66-A,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00298-06-6
 S. 8778                             2
 
 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 PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, the caller's contact
 information PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION and any previ-
 ous reports to the central registry involving the subject of such report
 or children named in such report, including any previous report contain-
 ing 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.
   § 2. Paragraphs (d) and (e) of subdivision 2 of  section  422  of  the
 social  services law, as added by a chapter of the laws of 2025 amending
 the social services law relating to the administration of the  statewide
 central  register of child abuse and maltreatment, as proposed in legis-
 lative bills numbers S. 550-A and  A.  66-A,  are  amended  to  read  as
 follows:
   (d)  A caller making a report of suspected child abuse or maltreatment
 to the central [registry] REGISTER shall be asked  for  their  name  and
 contact information. [No report shall be transmitted] THE CENTRAL REGIS-
 TER  MAY  NOT  TRANSMIT A REPORT to a local child protective service for
 investigation [unless] IF the caller's name and contact information [is]
 ARE NOT provided, UNLESS THE CENTRAL REGISTER  REASONABLY  BELIEVES  THE
 CALLER  IS  A  CHILD  UNDER THE AGE OF EIGHTEEN. [Except for disclosures
 authorized by subparagraphs (a) through (c)  and  (e)  through  (bb)  of
 paragraph (A) of subdivision four of this section, and disclosure to the
 local  child protective service as required pursuant to paragraph (a) of
 this subdivision, neither the  commissioner  nor  the  central  register
 shall  release  the  name and contact information of a caller who made a
 report of suspected child abuse or maltreatment  unless  ordered  by  an
 administrative law judge or a court of competent jurisdiction; provided,
 however,  that  this  provision  shall  not apply to individuals who are
 mandated to report suspected child abuse  or  maltreatment  pursuant  to
 section  four hundred thirteen of this title.  Prior to the entry of any
 S. 8778                             3

 such order, the petitioner or social services official may  move  for  a
 protective  order  to  withhold  the identity of such individual if such
 disclosure is likely to endanger  the  life  or  health  of  the  person
 reporting such suspected child abuse or maltreatment.]
   (e)  If  a  caller declines to provide their name and contact informa-
 tion, [they will be connected] THE CENTRAL  REGISTER  MUST  CONNECT  THE
 CALLER  with  a  supervisor  [at the central register], who [will] SHALL
 inform the caller of the  statutory  provisions  that  protect  callers'
 confidentiality.  If  the caller, INCLUDING A CALLER REASONABLY BELIEVED
 TO BE A CHILD UNDER THE AGE OF EIGHTEEN, declines to provide their  name
 and  contact  information to the supervisor, the supervisor shall inform
 the caller that (i) [concerns of suspected abuse or maltreatment may  be
 addressed  through  support  services if the caller contacts the depart-
 ment's HEARS Family  Line  or  community-based  service  providers  and]
 PREVENTIVE  AND  SUPPORTIVE  SERVICES  MAY  BE  AVAILABLE  TO  ASSIST IN
 ADDRESSING CONCERNS RELATIVE TO THE CARE AND WELL-BEING OF A  CHILD  AND
 REFERRALS FOR SUCH SERVICES MAY BE PROVIDED UPON REQUEST; AND (ii) know-
 ingly  reporting  false[,  retaliatory]  or  baseless  allegations  is a
 violation of subdivision four of section 240.50 of the penal law.
   § 3. Section 4 of a chapter of the laws of 2025  amending  the  social
 services  law  relating  to  the administration of the statewide central
 register of child abuse and maltreatment,  as  proposed  in  legislative
 bills numbers S. 550-A and A. 66-A, is amended to read as follows:
   §  4.  This act shall take effect immediately; provided, however, that
 [section] SECTIONS one AND TWO of this act shall take effect on the  one
 hundred eightieth day after it shall have become a law.
   §  4.  This  act shall take effect immediately; provided however, that
 sections one and two of this act shall take effect on the same date  and
 in  the same manner as a chapter of the laws of 2025 amending the social
 services law relating to the administration  of  the  statewide  central
 register  of  child  abuse  and maltreatment, as proposed in legislative
 bills numbers S. 550-A and A. 66-A, takes effect.