Bill Text: NY A06404 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires the office of children and family services to examine the call history prior to making any determinations to report incidents of child abuse.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2012-01-04 - referred to children and families [A06404 Detail]

Download: New_York-2011-A06404-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6404
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 16, 2011
                                      ___________
       Introduced by M. of A. TITUS, WRIGHT, ABBATE, GABRYSZAK, KAVANAGH, GALEF
         --  Multi-Sponsored  by  --  M.  of A. BOYLAND, CAHILL, COOK, GUNTHER,
         HOOPER, MAYERSOHN, MILLMAN, PHEFFER,  REILLY,  P. RIVERA,  SWEENEY  --
         read once and referred to the Committee on Children and Families
       AN  ACT  to amend the social services law, in relation to determinations
         made by the statewide 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:
    1    Section  1.    Paragraph  (a)  of  subdivision 2 of section 422 of the
    2  social services law, as amended by chapter 574 of the laws of  2008,  is
    3  amended to read as follows:
    4    (a) The central register shall be capable of receiving telephone calls
    5  alleging  child  abuse  or  maltreatment  and of immediately identifying
    6  prior reports of child abuse or maltreatment and capable  of  monitoring
    7  the provision of child protective service twenty-four hours a day, seven
    8  days  a  week. To effectuate this purpose, but subject to the provisions
    9  of the appropriate local plan for  the  provision  of  child  protective
   10  services,  there  shall  be a single statewide telephone number that all
   11  persons, whether mandated by the law or not, may use to  make  telephone
   12  calls  alleging  child  abuse  or  maltreatment  and that all persons so
   13  authorized by this title may use for determining the existence of  prior
   14  reports  in order to evaluate the condition or circumstances of a child.
   15  In addition to the single statewide telephone number, there shall  be  a
   16  special  unlisted  express  telephone  number  and a telephone facsimile
   17  number for use only by persons mandated by law to make telephone  calls,
   18  or to transmit telephone facsimile information on a form provided by the
   19  commissioner  OF  CHILDREN  AND FAMILY SERVICES, alleging child abuse or
   20  maltreatment, and for use by all persons so authorized by this title for
   21  determining the existence of prior reports  in  order  to  evaluate  the
   22  condition or circumstances of a child. When any allegations contained in
   23  such telephone calls could reasonably constitute a report of child abuse
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09339-01-1
       A. 6404                             2
    1  or maltreatment, such allegations shall be immediately transmitted oral-
    2  ly  or  electronically  by the office of children and family services to
    3  the appropriate local child protective service  for  investigation.  The
    4  inability  of  the  person  calling the register to identify the alleged
    5  perpetrator shall, in no circumstance, constitute the sole cause for the
    6  register to reject such allegation or fail to transmit  such  allegation
    7  for  investigation.   WHEN DETERMINING IF THE ALLEGATIONS CONTAINED IN A
    8  TELEPHONE CALL COULD REASONABLY CONSTITUTE A REPORT OF  CHILD  ABUSE  OR
    9  MALTREATMENT, SUCH OFFICE SHALL EXAMINE THE PRIOR HISTORY OF THE SUBJECT
   10  AND ANY OTHER PERSON NAMED IN THE ALLEGATION, SPECIFICALLY INCLUDING ALL
   11  PREVIOUS CALLS PLACED TO THE CENTRAL REGISTER RELATING TO THE SUBJECT OR
   12  ANY  OTHER  PERSON  NAMED  IN  THE ALLEGATION REGARDLESS OF WHETHER SUCH
   13  CALLS RESULTED IN A REPORT. If the records indicate  a  previous  report
   14  concerning  a  subject  of the report, the child alleged to be abused or
   15  maltreated, a sibling, other children in the  household,  other  persons
   16  named  in  the  report  or  other pertinent information, the appropriate
   17  local child protective service shall  be  immediately  notified  of  the
   18  fact,  except  as provided in subdivision eleven of this section. If the
   19  report involves either (i) an allegation of an abused child described in
   20  paragraph (i), (ii) or (iii) of subdivision (e) of section one  thousand
   21  twelve  of  the family court act or sexual abuse of a child or the death
   22  of a child or (ii) suspected maltreatment  which  alleges  any  physical
   23  harm  when the report is made by a person required to report pursuant to
   24  section four hundred thirteen of this title within  six  months  of  any
   25  other  two reports that were indicated, or may still be pending, involv-
   26  ing the same child, sibling, or other children in the household  or  the
   27  subject  of the report, the office of children and family services shall
   28  identify the report as such and note any prior reports when transmitting
   29  the report to the local child protective services for investigation.
   30    S 2. This act shall take effect immediately.