Relates to reporting allegations of child abuse or maltreatment that occurred to a resident of New York in another state to an agency having similar powers in the state in which the allegations occurred.
STATE OF NEW YORK
________________________________________________________________________
11074
IN ASSEMBLY
April 24, 2026
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to reporting of
allegations of child abuse or maltreatment that occurred to a resident
of New York in another state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 415 of the social services law, as amended by
2 section 3-a of part D of chapter 501 of the laws of 2012, is amended to
3 read as follows:
4 § 415. Reporting procedure. Reports of suspected child abuse or
5 maltreatment made pursuant to this title shall be made immediately by
6 telephone or by telephone facsimile machine on a form supplied by the
7 commissioner of the office of children and family services. Oral reports
8 shall be followed by a report in writing within forty-eight hours after
9 such oral report. Oral reports shall be made to the statewide central
10 register of child abuse and maltreatment unless the appropriate local
11 plan for the provision of child protective services provides that oral
12 reports should be made to the local child protective service. In those
13 localities in which oral reports are made initially to the local child
14 protective service, the child protective service shall immediately make
15 an oral or electronic report to the statewide central register. Written
16 reports shall be made to the appropriate local child protective service
17 except that written reports involving children being cared for in a home
18 operated or supervised by an authorized agency or the office of children
19 and family services shall be made to the statewide central register of
20 child abuse and maltreatment which shall transmit the reports to the
21 agency responsible for investigating the report, in accordance with
22 section four hundred twenty-four-b of this title. Written reports shall
23 be made in a manner prescribed and on forms supplied by the commissioner
24 of the office of children and family services and shall include the
25 following information: the names and addresses of the child and [his or
26 her] the child's parents or other person responsible for [his or her]
27 the child's care, if known, and, as the case may be, the name and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15548-01-6
A. 11074 2
1 address of the program in which the child is receiving care; the child's
2 age, sex and race; the nature and extent of the child's injuries, abuse
3 or maltreatment, including any evidence of prior injuries, abuse or
4 maltreatment to the child or, as the case may be, [his or her] the
5 child's siblings; the name of the person or persons alleged to be
6 responsible for causing the injury, abuse or maltreatment, if known;
7 family composition, where appropriate; the source of the report; the
8 person making the report and where [he or she] such person can be
9 reached; the actions taken by the reporting source, including the taking
10 of photographs and x-rays, removal or keeping of the child or notifying
11 the medical examiner or coroner; and any other information which the
12 commissioner of the office of children and family services may, by regu-
13 lation, require, or the person making the report believes might be help-
14 ful, in the furtherance of the purposes of this title. Notwithstanding
15 the privileges set forth in article forty-five of the civil practice law
16 and rules, and any other provision of law to the contrary, mandated
17 reporters who make a report which initiates an investigation of an alle-
18 gation of child abuse or maltreatment are required to comply with all
19 requests for records made by a child protective service relating to such
20 report, including records relating to diagnosis, prognosis or treatment,
21 and clinical records, of any patient or client that are essential for a
22 full investigation of allegations of child abuse or maltreatment pursu-
23 ant to this title; provided, however, that disclosure of substance abuse
24 treatment records shall be made pursuant to the standards and procedures
25 for disclosure of such records delineated in federal law. Written
26 reports from persons or officials required by this title to report shall
27 be admissible in evidence in any proceedings relating to child abuse or
28 maltreatment. If a report of suspected child abuse or maltreatment is
29 made in New York state regarding an allegation of child abuse or
30 maltreatment that occurred in another state involving a child whose
31 primary residence is New York state, the office of children and family
32 services must register a report and provide such report to the agency,
33 having similar powers, in the state in which the allegation of child
34 abuse or maltreatment occurred.
35 § 2. This act shall take effect immediately.
