Bill Text: NY S05942 | 2013-2014 | General Assembly | Amended

New York Senate Bill 5942 (Prior Session Legislation)

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 5-0)

Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A1987A [S05942 Detail]

Download: New_York-2013-S05942-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5942--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    October 2, 2013
                                      ___________
       Introduced  by Sens. KENNEDY, BRESLIN, DILAN, ESPAILLAT, LATIMER -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee  on  Rules  --  recommitted to the Committee on Children and
         Families in accordance  with  Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01751-05-4
       S. 5942--A                          2
    1  condition or circumstances of a child. When any allegations contained in
    2  such telephone calls could reasonably constitute a report of child abuse
    3  or  maltreatment,  such  allegations  AND  ANY  PREVIOUS  REPORTS TO THE
    4  CENTRAL  REGISTRY INVOLVING THE SUBJECT OF SUCH REPORT OR CHILDREN NAMED
    5  IN SUCH REPORT, INCLUDING ANY PREVIOUS REPORT CONTAINING ALLEGATIONS  OF
    6  CHILD  ABUSE AND MALTREATMENT ALLEGED TO HAVE OCCURRED IN OTHER COUNTIES
    7  AND DISTRICTS IN NEW YORK STATE shall be immediately transmitted  orally
    8  or  electronically  by the office of children and family services to the
    9  appropriate  local  child  protective  service  for  investigation.  The
   10  inability  of  the  person  calling the register to identify the alleged
   11  perpetrator shall, in no circumstance, constitute the sole cause for the
   12  register to reject such allegation or fail to transmit  such  allegation
   13  for investigation.  If the records indicate a previous report concerning
   14  a subject of the report, the child alleged to be abused or maltreated, a
   15  sibling,  other  children  in  the household, other persons named in the
   16  report or other  pertinent  information,  the  appropriate  local  child
   17  protective service shall be immediately notified of the fact[, except as
   18  provided  in subdivision eleven of this section]. If the report involves
   19  either (i) an allegation of an abused child described in paragraph  (i),
   20  (ii)  or  (iii) of subdivision (e) of section one thousand twelve of the
   21  family court act or sexual abuse of a child or the death of a  child  or
   22  (ii)  suspected  maltreatment  which  alleges any physical harm when the
   23  report is made by a person required to report pursuant to  section  four
   24  hundred  thirteen  of  this  title  within  six  months of any other two
   25  reports that were indicated, or may still be pending, involving the same
   26  child, sibling, or other children in the household or the subject of the
   27  report, the office of children and family services  shall  identify  the
   28  report  as  such and note any prior reports when transmitting the report
   29  to the local child protective services for investigation.
   30    S 2. This act shall take effect immediately.