Bill Text: NY A00162 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the state central register technology upgrade act; allows for reports to be made by instant message.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - referred to children and families [A00162 Detail]
Download: New_York-2017-A00162-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 162 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Children and Families AN ACT to amend the social services law, in relation to enacting the "state central register technology upgrade act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "state 2 central register technology upgrade act". 3 § 2. Section 415 of the social services law, as amended by section 3-a 4 of part D of chapter 501 of the laws of 2012, is amended to read as 5 follows: 6 § 415. Reporting procedure. Reports of suspected child abuse or 7 maltreatment made pursuant to this title shall be made immediately by 8 instant messaging, telephone or by telephone facsimile machine on a form 9 supplied by the commissioner of the office of children and family 10 services. Such reports conveyed through instant messaging may include 11 pictures. Oral reports and reports made through instant messaging shall 12 be followed by a report in writing within forty-eight hours after such 13 [oral] report. Oral reports shall be made to the statewide central 14 register of child abuse and maltreatment unless the appropriate local 15 plan for the provision of child protective services provides that oral 16 reports should be made to the local child protective service. In those 17 localities in which oral reports are made initially to the local child 18 protective service, the child protective service shall immediately make 19 an oral or electronic report to the statewide central register. Written 20 reports shall be made to the appropriate local child protective service 21 except that written reports involving children being cared for in a home 22 operated or supervised by an authorized agency or the office of children 23 and family services shall be made to the statewide central register of 24 child abuse and maltreatment which shall transmit the reports to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02652-01-7A. 162 2 1 agency responsible for investigating the report, in accordance with 2 section four hundred twenty-four-b of this title. Written reports shall 3 be made in a manner prescribed and on forms supplied by the commissioner 4 of the office of children and family services and shall include the 5 following information: the names and addresses of the child and his or 6 her parents or other person responsible for his or her care, if known, 7 and, as the case may be, the name and address of the program in which 8 the child is receiving care; the child's age, sex and race; the nature 9 and extent of the child's injuries, abuse or maltreatment, including any 10 evidence of prior injuries, abuse or maltreatment to the child or, as 11 the case may be, his or her siblings; the name of the person or persons 12 alleged to be responsible for causing the injury, abuse or maltreatment, 13 if known; family composition, where appropriate; the source of the 14 report; the person making the report and where he or she can be reached; 15 the actions taken by the reporting source, including the taking of 16 photographs and x-rays, removal or keeping of the child or notifying the 17 medical examiner or coroner; and any other information which the commis- 18 sioner of the office of children and family services may, by regulation, 19 require, or the person making the report believes might be helpful, in 20 the furtherance of the purposes of this title. Notwithstanding the 21 privileges set forth in article forty-five of the civil practice law and 22 rules, and any other provision of law to the contrary, mandated repor- 23 ters who make a report which initiates an investigation of an allegation 24 of child abuse or maltreatment are required to comply with all requests 25 for records made by a child protective service relating to such report, 26 including records relating to diagnosis, prognosis or treatment, and 27 clinical records, of any patient or client that are essential for a full 28 investigation of allegations of child abuse or maltreatment pursuant to 29 this title; provided, however, that disclosure of substance abuse treat- 30 ment records shall be made pursuant to the standards and procedures for 31 disclosure of such records delineated in federal law. Written reports 32 from persons or officials required by this title to report shall be 33 admissible in evidence in any proceedings relating to child abuse or 34 maltreatment. 35 § 3. The commissioner of the office of children and family services 36 shall promulgate any rules and regulations necessary to ensure that 37 security measures are implemented to keep and store such information 38 sent via instant messaging pursuant to section 415 of the social 39 services law. 40 § 4. This act shall take effect immediately.