Bill Text: NY S02706 | 2019-2020 | General Assembly | Introduced
Bill Title: Assists mandated reporters of child abuse or maltreatment to maintain the child's safety.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CHILDREN AND FAMILIES [S02706 Detail]
Download: New_York-2019-S02706-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2706 2019-2020 Regular Sessions IN SENATE January 29, 2019 ___________ Introduced by Sens. KENNEDY, BRESLIN -- 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 assisting mandated reporters of child abuse or maltreatment to maintain the child's safety The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The second undesignated paragraph of paragraph (A) of 2 subdivision 4 of section 422 of the social services law, as amended by 3 section 6 of part D of chapter 501 of the laws of 2012, is amended to 4 read as follows: 5 After a child, other than a child in residential care, who is reported 6 to the central register of abuse or maltreatment reaches the age of 7 eighteen years, access to a child's record under subparagraphs (a) and 8 (b) of this paragraph shall be permitted only if a sibling or off-spring 9 of such child is before such person and is a suspected victim of child 10 abuse or maltreatment. In addition, a person or official required to 11 make a report of suspected child abuse or maltreatment pursuant to 12 section four hundred thirteen of this chapter shall receive, upon 13 request, the findings of an investigation made pursuant to this title. 14 However, no information may be released unless the person or official's 15 identity is confirmed by the office. [If the request for such informa-16tion is made prior to the completion of an investigation of a report,17the released information shall be limited to whether the report is18"indicated", "unfounded" or "under investigation", whichever the case19may be.] Notwithstanding any other provision of law, within thirty 20 calendar days after receipt of a report of suspected child abuse or 21 maltreatment from a person or official required to make such a report 22 pursuant to section four hundred thirteen of this title, a county 23 department shall provide the following information to the mandated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03683-01-9S. 2706 2 1 reporter for the purpose of assisting the mandated reporter in his or 2 her professional and official role in maintaining the child's safety: 3 (i) the name of the child and the date in which the report was made; 4 (ii) whether the referral was accepted for assessment; (iii) whether the 5 referral was closed without services; (iv) whether the assessment 6 resulted in services related to the safety of the child; and (v) the 7 name and contact information for the county caseworker responsible for 8 investigating the referral. If the request for such information is made 9 after the completion of an investigation of a report, the released 10 information shall be limited to whether the report is "indicated" or 11 "unfounded", whichever the case may be. A person given access to the 12 names or other information identifying the subjects of the report, or 13 other persons named in the report, except the subject of the report or 14 other persons named in the report, shall not divulge or make public such 15 identifying information unless he or she is a district attorney or other 16 law enforcement official and the purpose is to initiate court action or 17 the disclosure is necessary in connection with the investigation or 18 prosecution of the subject of the report for a crime alleged to have 19 been committed by the subject against another person named in the 20 report. Nothing in this section shall be construed to permit any 21 release, disclosure or identification of the names or identifying 22 descriptions of persons who have reported suspected child abuse or 23 maltreatment to the statewide central register or the agency, institu- 24 tion, organization, program or other entity where such persons are 25 employed or the agency, institution, organization or program with which 26 they are associated without such persons' written permission except to 27 persons, officials, and agencies enumerated in subparagraphs (e), (f), 28 (h), (j), (l), (m) and (v) of this paragraph. 29 § 2. This act shall take effect immediately.