Bill Text: NY S01902 | 2015-2016 | 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: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2016-06-02 - referred to children and families [S01902 Detail]

Download: New_York-2015-S01902-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1902
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 15, 2015
                                      ___________
       Introduced  by Sens. BONACIC, KENNEDY -- 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 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    S 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.
                                                                  LBD02010-01-5
       S. 1902                             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    S 3. This act shall take effect on the one hundred twentieth day after
   25  it shall have become a law.