Bill Text: NY A03610 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that when the state central register of child abuse and maltreatment receives a report by means of a telephone call from a physician, registered nurse or registered physician's assistant or from a social worker or psychologist, or by a law enforcement official, such telephone calls shall not be screened by the hotline but shall be immediately transmitted to the appropriate child protective service for investigation; provides for the child protective service of each county to establish procedures for communication and cooperation with local hospitals and law enforcement to better protect the interests of at risk children and to better provide essential services to their families.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-01-08 - referred to children and families [A03610 Detail]

Download: New_York-2019-A03610-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3610
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. GUNTHER, MOSLEY, MONTESANO, CROUCH -- Multi-Spon-
          sored  by  -- M.  of A. BARCLAY, COOK -- read once and referred to the
          Committee on Children and Families
        AN ACT to amend the social services law, in relation to requiring inves-
          tigation of all reports of child abuse made by a hospital  or  medical
          or law enforcement personnel
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (b) of subdivision 2 of section 422 of the social
     2  services law, as added by chapter 717 of the laws of 1986, is amended to
     3  read as follows:
     4    (b) (i) Any telephone call made by a person required to  report  cases
     5  of  suspected  child  abuse  or  maltreatment  pursuant  to section four
     6  hundred thirteen of this [chapter] title containing  allegations,  which
     7  if  true would constitute child abuse or maltreatment shall constitute a
     8  report and shall be immediately transmitted orally or electronically  by
     9  the  department  to  the  appropriate local child protective service for
    10  investigation.
    11    (ii) When a telephone call attempting to make a report of child  abuse
    12  and  maltreatment  is  made  by  a  person required to make such reports
    13  pursuant to section four hundred thirteen of this title and  such  tele-
    14  phone  call  is  received  from  a physician, registered nurse, hospital
    15  personnel engaged in the examination,  care  or  treatment  of  persons,
    16  registered  physician's  assistant  or  from a social worker or psychol-
    17  ogist; or by a law enforcement official, such telephone call  shall,  if
    18  not  otherwise  referred  pursuant to paragraph (c) of this subdivision,
    19  constitute a report and shall be immediately transmitted to  the  appro-
    20  priate child protective service for investigation in the manner provided
    21  for in subparagraph (i) of this paragraph.
    22    § 2. Section 424 of the social services law is amended by adding a new
    23  subdivision 9-a to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01092-01-9
        A. 3610                             2
     1    9-a. establish in cooperation and consultation with hospitals, medical
     2  clinics  and  law  enforcement  officials  within  the  social  services
     3  district, procedures and protocols for the cooperation and  coordination
     4  of child protective services with mandated reporters and medical and law
     5  enforcement  personnel serving the social services district. Such proce-
     6  dures and protocols shall include but shall not be limited to:
     7    (i) establishment of  standardized  documentation  and  procedures  by
     8  which a hospital may be directed by the child protective service to keep
     9  a  child  in protective custody pursuant to applicable provisions of the
    10  family court act and this chapter;
    11    (ii) establishment of  procedures  for  the  identification  of  child
    12  protective  services workers and the notification to hospitals that such
    13  workers are present and conducting investigations or  interviews  within
    14  the hospital;
    15    (iii)  coordination with hospitals and where appropriate, law enforce-
    16  ment officials regarding plans for the discharge of  children  suspected
    17  of being abused or maltreated from the hospital, including the responsi-
    18  bilities of the child's parents or guardians to provide medical or other
    19  therapeutic or preventive services to the child; and
    20    (iv)  establishment  of  systems  of  access and communication between
    21  hospitals, law enforcement and the child protective service  to  provide
    22  for the consistent and ongoing protection and supervision of children at
    23  risk within the district;
    24    § 3. This act shall take effect on the one hundred twentieth day after
    25  it shall have become a law.