Bill Text: NY S07160 | 2017-2018 | General Assembly | Introduced
Bill Title: Authorizes the receipt of electronic reports by the state central register of child abuse and maltreatment; requires the office of children and family services to develop and implement a web intake incident form for the receipt of electronic communications alleging child abuse or maltreatment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S07160 Detail]
Download: New_York-2017-S07160-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7160 IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law, in relation to the receipt of electronic reports by the state central register of child abuse and maltreatment; and to require the office of children and family services to develop and implement a web intake incident form for the receipt of electronic communications alleging child abuse or maltreat- ment 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02650-01-7S. 7160 2 1 child abuse or maltreatment, and for use by all persons so authorized by 2 this title for determining the existence of prior reports in order to 3 evaluate the condition or circumstances of a child. The webpage created 4 to accept electronic reports shall be capable of receiving digital 5 images and electronic documents in common file formats. When any allega- 6 tions contained in such telephone calls or electronic report could 7 reasonably constitute a report of child abuse or maltreatment, such 8 allegations and any previous reports to the central registry involving 9 the subject of such report or children named in such report, including 10 any previous report containing allegations of child abuse and maltreat- 11 ment alleged to have occurred in other counties and districts in New 12 York state shall be immediately transmitted orally or electronically by 13 the office of children and family services to the appropriate local 14 child protective service for investigation. The inability of the person 15 calling the register or making the allegation online to identify the 16 alleged perpetrator shall, in no circumstance, constitute the sole cause 17 for the register to reject such allegation or fail to transmit such 18 allegation for investigation. If the records indicate a previous report 19 concerning a subject of the report, the child alleged to be abused or 20 maltreated, a sibling, other children in the household, other persons 21 named in the report or other pertinent information, the appropriate 22 local child protective service shall be immediately notified of the 23 fact. If the report involves either (i) an allegation of an abused child 24 described in paragraph (i), (ii) or (iii) of subdivision (e) of section 25 one thousand twelve of the family court act or sexual abuse of a child 26 or the death of a child or (ii) suspected maltreatment which alleges any 27 physical harm when the report is made by a person required to report 28 pursuant to section four hundred thirteen of this title within six 29 months of any other two reports that were indicated, or may still be 30 pending, involving the same child, sibling, or other children in the 31 household or the subject of the report, the office of children and fami- 32 ly services shall identify the report as such and note any prior reports 33 when transmitting the report to the local child protective services for 34 investigation. 35 (b) Any telephone call or electronic report made by a person required 36 to report cases of suspected child abuse or maltreatment pursuant to 37 section four hundred thirteen of this [chapter] title containing allega- 38 tions, which if true would constitute child abuse or maltreatment shall 39 constitute a report and shall be immediately transmitted orally or elec- 40 tronically by the [department] office of children and family services to 41 the appropriate local child protective service for investigation. 42 (c) Whenever a telephone call or electronic report to the statewide 43 central register described in this section is received by the [depart-44ment] office of children and family services, and the [department] 45 office of children and family services finds that the person allegedly 46 responsible for abuse or maltreatment of a child cannot be a subject of 47 a report as defined in subdivision four of section four hundred twelve 48 of this [chapter] title, but believes that the alleged acts or circum- 49 stances against a child described in the telephone call or electronic 50 report may constitute a crime or an immediate threat to the child's 51 health or safety, the [department] office of children and family 52 services, shall convey by the most expedient means available the infor- 53 mation contained in such telephone call or electronic report to the 54 appropriate law enforcement agency, district attorney or other public 55 official empowered to provide necessary aid or assistance.S. 7160 3 1 3. The central register shall include but not be limited to the 2 following information: all the information in the written and electronic 3 report; a record of the final disposition of the report, including 4 services offered and services accepted; the plan for rehabilitative 5 treatment; the names and identifying data, dates and circumstances of 6 any person requesting or receiving information from the register; and 7 any other information which the commissioner believes might be helpful 8 in the furtherance of the purposes of this chapter. 9 § 2. 1. The office of children and family services shall develop and 10 implement a web intake incident form on the office of children and fami- 11 ly services website for the receipt of electronic communications alleg- 12 ing child abuse or maltreatment as authorized pursuant to section 422 of 13 the social services law. 14 2. The web intake incident form shall include but not be limited to: 15 (a) Information for mandated reporters; 16 (b) Information for when the use of the web intake incident form is 17 appropriate, including notification that use of the online form should 18 not be used to report an incident that is an emergency and that the 19 reporter should immediately contact emergency services; 20 (c) Space to provide details on the incident in question, victim 21 information, information of the perpetrator, and the reporter's contact 22 information, if applicable; 23 (d) Any information required pursuant to section 422 of the social 24 services law or other applicable sections of law; 25 (e) The ability to attach digital images and electronic documents in 26 common file formats; and 27 (f) A review page of the information entered on the form prior to the 28 electronic submission of the report. 29 § 3. This act shall take effect one year after this act shall have 30 become a law. Effective immediately, the commissioner of the office of 31 children and family services is authorized to promulgate any and all 32 rules and regulations and take any other measures necessary to implement 33 this act on its effective date, on or before such date.