Bill Text: NY A04902 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to improvements in the state central register of child abuse and maltreatment; allows the central register to receive electronic reports alleging child abuse or maltreatment; provides for a single statewide internet address that all persons, whether mandated by the law or not, may use to send electronic communications alleging child abuse or maltreatment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to children and families [A04902 Detail]
Download: New_York-2021-A04902-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4902 2021-2022 Regular Sessions IN ASSEMBLY February 8, 2021 ___________ 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. LBD06983-01-1A. 4902 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-42ment] 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, includingA. 4902 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, 2023.
