Bill Text: NY S06115 | 2011-2012 | 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: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-12 - referred to children and families [S06115 Detail]

Download: New_York-2011-S06115-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6115
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  Sen. BONACIC -- 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:
   24    9-A. ESTABLISH IN COOPERATION AND CONSULTATION WITH HOSPITALS, MEDICAL
   25  CLINICS  AND  LAW  ENFORCEMENT  OFFICIALS  WITHIN  THE  SOCIAL  SERVICES
   26  DISTRICT, PROCEDURES AND PROTOCOLS FOR THE COOPERATION AND  COORDINATION
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13906-01-2
       S. 6115                             2
    1  OF CHILD PROTECTIVE SERVICES WITH MANDATED REPORTERS AND MEDICAL AND LAW
    2  ENFORCEMENT  PERSONNEL SERVING THE SOCIAL SERVICES DISTRICT. SUCH PROCE-
    3  DURES AND PROTOCOLS SHALL INCLUDE BUT SHALL NOT BE LIMITED TO:
    4    (I) ESTABLISHMENT STANDARDIZED DOCUMENTATION AND PROCEDURES BY WHICH A
    5  HOSPITAL MAY BE DIRECTED BY THE CHILD PROTECTIVE SERVICE TO KEEP A CHILD
    6  IN  PROTECTIVE  CUSTODY  PURSUANT TO APPLICABLE PROVISIONS OF THE FAMILY
    7  COURT ACT AND THIS CHAPTER;
    8    (II) ESTABLISHMENT PROCEDURES FOR THE IDENTIFICATION OF CHILD  PROTEC-
    9  TIVE  SERVICES WORKERS AND THE NOTIFICATION TO HOSPITALS THAT SUCH WORK-
   10  ERS ARE PRESENT AND CONDUCTING INVESTIGATIONS OR INTERVIEWS  WITHIN  THE
   11  HOSPITAL;
   12    (III)  COORDINATION WITH HOSPITALS AND WHERE APPROPRIATE, LAW ENFORCE-
   13  MENT OFFICIALS REGARDING PLANS FOR THE DISCHARGE OF  CHILDREN  SUSPECTED
   14  OF BEING ABUSED OR MALTREATED FROM THE HOSPITAL, INCLUDING THE RESPONSI-
   15  BILITIES OF THE CHILD'S PARENTS OR GUARDIANS TO PROVIDE MEDICAL OR OTHER
   16  THERAPEUTIC OR PREVENTIVE SERVICES TO THE CHILD; AND
   17    (IV)  ESTABLISH SYSTEMS OF ACCESS AND COMMUNICATION BETWEEN HOSPITALS,
   18  LAW ENFORCEMENT AND THE CHILD PROTECTIVE  SERVICE  TO  PROVIDE  FOR  THE
   19  CONSISTENT  AND  ONGOING  PROTECTION AND SUPERVISION OF CHILDREN AT RISK
   20  WITHIN THE DISTRICT;
   21    S 3. This act shall take effect on the one hundred twentieth day after
   22  it shall have become a law.