Bill Text: NY S00607 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the office of children and family services to determine and then notify the appropriate local child protective service if the subject of an allegation of child abuse or maltreatment is the operator of a licensed day care or similar facility, or if any person named in a report is a known sex offender or has previously been the subject of an indicated report of abuse or neglect.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S00607 Detail]
Download: New_York-2019-S00607-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 607 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. GALLIVAN -- 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 transmitting certain information to the local child protective services 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 357 of the laws of 2014, 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 of children and family services, alleging child abuse or 20 maltreatment, and for use by all persons so authorized by this title for 21 determining the existence of prior reports in order to evaluate the 22 condition or circumstances of a child. When any allegations contained in 23 such telephone calls could reasonably constitute a report of child abuse 24 or maltreatment, such allegations and any previous reports to the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02713-01-9S. 607 2 1 central registry involving the subject of such report or children named 2 in such report, including any previous report containing allegations of 3 child abuse and maltreatment alleged to have occurred in other counties 4 and districts in New York state shall be immediately transmitted orally 5 or electronically by the office of children and family services to the 6 appropriate local child protective service for investigation. The 7 inability of the person calling the register to identify the alleged 8 perpetrator shall, in no circumstance, constitute the sole cause for the 9 register to reject such allegation or fail to transmit such allegation 10 for investigation. If the records indicate a previous report concerning 11 a subject of the report, the child alleged to be abused or maltreated, a 12 sibling, other children in the household, other persons named in the 13 report or other pertinent information, the appropriate local child 14 protective service shall be immediately notified of the fact. If the 15 report involves either (i) an allegation of an abused child described in 16 paragraph (i), (ii) or (iii) of subdivision (e) of section one thousand 17 twelve of the family court act or sexual abuse of a child or the death 18 of a child or (ii) suspected maltreatment which alleges any physical 19 harm when the report is made by a person required to report pursuant to 20 section four hundred thirteen of this title within six months of any 21 other two reports that were indicated, or may still be pending, involv- 22 ing the same child, sibling, or other children in the household or the 23 subject of the report, the office of children and family services shall 24 identify the report as such and note any prior reports when transmitting 25 the report to the local child protective services for investigation. 26 The office of children and family services shall immediately determine 27 and then notify the appropriate local child protective services if a 28 subject of an allegation of child abuse or maltreatment is the operator 29 of a licensed or registered child care facility, or any similar facility 30 that receives funding pursuant to title five-C of article six of this 31 chapter, or if any person named in a report is a known sex offender or 32 to have previously been the subject of an indicated report of abuse or 33 neglect. Such notice to the local child protective services shall take 34 place at the time that the office of children and family services trans- 35 mits the report of suspected child abuse or neglect required by this 36 subdivision. 37 § 2. This act shall take effect immediately.
