Bill Text: NY S01981 | 2017-2018 | 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: Moderate Partisan Bill (Republican 4-1)

Status: (Engrossed - Dead) 2018-05-08 - referred to children and families [S01981 Detail]

Download: New_York-2017-S01981-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1981
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced  by  Sens. GALLIVAN, GOLDEN, KENNEDY, MARCHIONE -- 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.
                                                                   LBD00106-01-7

        S. 1981                             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.
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