Bill Text: NY A07025 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to improvements in the state central register of child abuse and maltreatment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2020-01-08 - referred to children and families [A07025 Detail]

Download: New_York-2019-A07025-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7025
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 3, 2019
                                       ___________
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Children and Families
        AN ACT to amend the social services law, in relation to improvements  in
          the state 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. Subdivisions 2 and 3 of section 422 of the social  services
     2  law,  subdivision 2 as amended by chapter 717 of the laws of 1986, para-
     3  graph (a) of subdivision 2 as amended by chapter 357 of the laws of 2014
     4  and subdivision 3 as added by chapter 1039 of  the  laws  of  1973,  are
     5  amended to read as follows:
     6    2.  (a)  The  central register shall be capable of receiving telephone
     7  calls and electronic reports alleging child abuse or maltreatment and of
     8  immediately identifying prior reports of child abuse or maltreatment and
     9  capable of monitoring the provision of child protective service  twenty-
    10  four  hours  a  day,  seven days a week. To effectuate this purpose, but
    11  subject to  the  provisions  of  the  appropriate  local  plan  for  the
    12  provision  of  child protective services, there shall be a single state-
    13  wide telephone number and internet address  that  all  persons,  whether
    14  mandated  by  the  law  or  not, may use to make telephone calls or send
    15  electronic communications alleging child abuse or maltreatment and  that
    16  all  persons  so  authorized  by  this title may use for determining the
    17  existence of prior reports in order to evaluate the condition or circum-
    18  stances of a child.   In addition  to  the  single  statewide  telephone
    19  number  and  internet address, there shall be a special unlisted express
    20  telephone number and a telephone facsimile number and  internet  address
    21  for  use  only by persons mandated by law to make telephone calls, or to
    22  transmit  telephone  facsimile  or  electronic  information  on  a  form
    23  provided  by  the commissioner of children and family services, alleging
    24  child abuse or maltreatment, and for use by all persons so authorized by
    25  this title for determining the existence of prior reports  in  order  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02040-01-9

        A. 7025                             2
     1  evaluate the condition or circumstances of a child.  The webpage created
     2  to  accept  electronic  reports  shall  be  capable of receiving digital
     3  images and electronic documents in common file formats. When any allega-
     4  tions  contained  in  such  telephone  calls  or electronic report could
     5  reasonably constitute a report of  child  abuse  or  maltreatment,  such
     6  allegations  and  any previous reports to the central registry involving
     7  the subject of such report or children named in such  report,  including
     8  any  previous report containing allegations of child abuse and maltreat-
     9  ment alleged to have occurred in other counties  and  districts  in  New
    10  York  state shall be immediately transmitted orally or electronically by
    11  the office of children and family  services  to  the  appropriate  local
    12  child  protective service for investigation. The inability of the person
    13  calling the register or making the allegation  online  to  identify  the
    14  alleged perpetrator shall, in no circumstance, constitute the sole cause
    15  for  the  register  to  reject  such allegation or fail to transmit such
    16  allegation for investigation. If the records indicate a previous  report
    17  concerning  a  subject  of the report, the child alleged to be abused or
    18  maltreated, a sibling, other children in the  household,  other  persons
    19  named  in  the  report  or  other pertinent information, the appropriate
    20  local child protective service shall  be  immediately  notified  of  the
    21  fact. If the report involves either (i) an allegation of an abused child
    22  described  in paragraph (i), (ii) or (iii) of subdivision (e) of section
    23  one thousand twelve of the family court act or sexual abuse of  a  child
    24  or the death of a child or (ii) suspected maltreatment which alleges any
    25  physical  harm  when  the  report is made by a person required to report
    26  pursuant to section four hundred  thirteen  of  this  title  within  six
    27  months  of  any  other  two reports that were indicated, or may still be
    28  pending, involving the same child, sibling, or  other  children  in  the
    29  household or the subject of the report, the office of children and fami-
    30  ly services shall identify the report as such and note any prior reports
    31  when  transmitting the report to the local child protective services for
    32  investigation.
    33    (b) Any telephone call or electronic report made by a person  required
    34  to  report  cases  of  suspected child abuse or maltreatment pursuant to
    35  section four hundred thirteen of this [chapter] title containing allega-
    36  tions, which if true would constitute child abuse or maltreatment  shall
    37  constitute a report and shall be immediately transmitted orally or elec-
    38  tronically by the [department] office of children and family services to
    39  the appropriate local child protective service for investigation.
    40    (c)  Whenever  a  telephone call or electronic report to the statewide
    41  central register described in this section is received by  the  [depart-
    42  ment]  office  of  children  and  family  services, and the [department]
    43  office of children and family services finds that the  person  allegedly
    44  responsible  for abuse or maltreatment of a child cannot be a subject of
    45  a report as defined in subdivision four of section four  hundred  twelve
    46  of  this  [chapter] title, but believes that the alleged acts or circum-
    47  stances against a child described in the telephone  call  or  electronic
    48  report  may  constitute  a  crime  or an immediate threat to the child's
    49  health or  safety,  the  [department]  office  of  children  and  family
    50  services,  shall convey by the most expedient means available the infor-
    51  mation contained in such telephone call  or  electronic  report  to  the
    52  appropriate  law  enforcement  agency, district attorney or other public
    53  official empowered to provide necessary aid or assistance.
    54    3. The central register shall  include  but  not  be  limited  to  the
    55  following information: all the information in the written and electronic
    56  report;  a  record  of  the  final  disposition of the report, including

        A. 7025                             3
     1  services offered and services  accepted;  the  plan  for  rehabilitative
     2  treatment;  the  names  and identifying data, dates and circumstances of
     3  any person requesting or receiving information from  the  register;  and
     4  any  other  information which the commissioner believes might be helpful
     5  in the furtherance of the purposes of this chapter.
     6    § 2. This act shall take effect January 1, 2021.
feedback