Bill Text: NY A09918 | 2013-2014 | General Assembly | Introduced


Bill Title: Requires the office of children and family services to transmit, with the allegation of child abuse or neglect, all previous reports and calls to the central registry involving the subject of the report and children named in the report.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-05-29 - referred to children and families [A09918 Detail]

Download: New_York-2013-A09918-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9918
                                 I N  A S S E M B L Y
                                     May 29, 2014
                                      ___________
       Introduced  by  COMMITTEE  ON  RULES -- (at request of 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 transmitting the
         history  of  record  of all previous reports and previous calls to the
         central register to the appropriate local  child  protective  services
         for investigation
         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 social
    2  services law, as amended by chapter 574 of the laws of 2008, is  amended
    3  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,  alleging  child abuse or maltreatment, and for use by all
   20  persons so authorized by this title for  determining  the  existence  of
   21  prior  reports  in order to evaluate the condition or circumstances of a
   22  child. When any allegations contained  in  such  telephone  calls  could
   23  reasonably  constitute  a  report  of  child abuse or maltreatment, such
   24  allegations AND THE RECORD OF ALL PREVIOUS REPORTS AND CALLS,  INCLUDING
   25  RECORDS  OF  CALLS NOT ACCEPTED FOR LOCAL DISTRICT INVESTIGATION, TO THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14785-02-4
       A. 9918                             2
    1  CENTRAL REGISTER INVOLVING THE SUBJECT OF THE REPORT OR  CHILDREN  NAMED
    2  IN  THE REPORT, INCLUDING ALL PREVIOUS CALLS THAT CONTAIN ALLEGATIONS OF
    3  CHILD ABUSE AND MALTREATMENT THAT ARE ALLEGED TO HAVE OCCURRED IN  OTHER
    4  COUNTIES AND DISTRICTS IN NEW YORK STATE, shall be immediately transmit-
    5  ted  orally  or  electronically  by  the  office  of children and family
    6  services to the appropriate local child protective service for  investi-
    7  gation. The inability of the person calling the register to identify the
    8  alleged perpetrator shall, in no circumstance, constitute the sole cause
    9  for  the  register  to  reject  such allegation or fail to transmit such
   10  allegation for investigation. If the records indicate a previous  report
   11  concerning  a  subject  of the report, the child alleged to be abused or
   12  maltreated, a sibling, other children in the  household,  other  persons
   13  named  in  the  report  or  other pertinent information, the appropriate
   14  local child protective service shall  be  immediately  notified  of  the
   15  fact[, except as provided in subdivision eleven of this section]. If the
   16  report involves either (i) an allegation of an abused child described in
   17  paragraph  (i), (ii) or (iii) of subdivision (e) of section one thousand
   18  twelve of the family court act or sexual abuse of a child or  the  death
   19  of  a  child  or  (ii) suspected maltreatment which alleges any physical
   20  harm when the report is made by a person required to report pursuant  to
   21  section  four  hundred  thirteen  of this title within six months of any
   22  other two reports that were indicated, or may still be pending,  involv-
   23  ing  the  same child, sibling, or other children in the household or the
   24  subject of the report, the office of children and family services  shall
   25  identify the report as such and note any prior reports when transmitting
   26  the report to the local child protective services for investigation.
   27    S  2. This act shall take effect on the first of April next succeeding
   28  the date on which it shall have become a law.
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