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S08778 Summary:

BILL NOS08778
 
SAME ASSAME AS A09481
 
SPONSORBRISPORT
 
COSPNSR
 
MLTSPNSR
 
Amd §422, Soc Serv L; amd §4, Chap of 2025 (as proposed in S.550-A & A.66-A)
 
Requires name and contact information to be provided in certain calls made to the statewide central register of child abuse and maltreatment.
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S08778 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8778
 
                    IN SENATE
 
                                     January 8, 2026
                                       ___________
 
        Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the social services  law,  in  relation  to  information
          required  to be provided in calls made to the statewide central regis-
          ter of child abuse and maltreatment; and to amend  a  chapter  of  the
          laws of 2025 amending the social services law relating to the adminis-
          tration of the statewide central register of child abuse and maltreat-
          ment,  as  proposed in legislative bills numbers S. 550-A and A. 66-A,
          in relation to the effectiveness thereof
 
          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 a chapter of the laws of 2025 amending the
     3  social services law relating to  the  administration  of  the  statewide
     4  central  register of child abuse and maltreatment, as proposed in legis-
     5  lative bills numbers S. 550-A  and  A.  66-A,  is  amended  to  read  as
     6  follows:
     7    (a) The central register shall be capable of receiving telephone calls
     8  alleging  child  abuse  or  maltreatment  and of immediately identifying
     9  prior reports of child abuse or maltreatment and capable  of  monitoring
    10  the provision of child protective service twenty-four hours a day, seven
    11  days  a  week. To effectuate this purpose, but subject to the provisions
    12  of the appropriate local plan for  the  provision  of  child  protective
    13  services,  there  shall  be a single statewide telephone number that all
    14  persons, whether mandated by the law or not, may use to  make  telephone
    15  calls  alleging  child  abuse  or  maltreatment  and that all persons so
    16  authorized by this title may use for determining the existence of  prior
    17  reports  in order to evaluate the condition or circumstances of a child.
    18  In addition to the single statewide telephone number, there shall  be  a
    19  special  unlisted  express  telephone  number  and a telephone facsimile
    20  number for use only by persons mandated by law to make telephone  calls,
    21  or to transmit telephone facsimile information on a form provided by the
    22  commissioner  of  children  and family services, alleging child abuse or
    23  maltreatment, and for use by all persons so authorized by this title for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00298-06-6

        S. 8778                             2
 
     1  determining the existence of prior reports  in  order  to  evaluate  the
     2  condition or circumstances of a child. When any allegations contained in
     3  such telephone calls could reasonably constitute a report of child abuse
     4  or  maltreatment,  after  utilizing protocols that would reduce implicit
     5  bias from the decision-making process, such  allegations,  the  caller's
     6  name pursuant to paragraph (d) of this subdivision, the caller's contact
     7  information pursuant to paragraph (d) of this subdivision and any previ-
     8  ous reports to the central registry involving the subject of such report
     9  or children named in such report, including any previous report contain-
    10  ing allegations of child abuse and maltreatment alleged to have occurred
    11  in  other  counties and districts in New York state shall be immediately
    12  transmitted orally or electronically by the office of children and fami-
    13  ly services to the appropriate local child protective service for inves-
    14  tigation. The inability of the person calling the register  to  identify
    15  the  alleged  perpetrator shall, in no circumstance, constitute the sole
    16  cause for the register to reject such allegation  or  fail  to  transmit
    17  such  allegation  for  investigation. If the records indicate a previous
    18  report concerning a subject of the  report,  the  child  alleged  to  be
    19  abused  or maltreated, a sibling, other children in the household, other
    20  persons named in the report or other pertinent information,  the  appro-
    21  priate  local  child protective service shall be immediately notified of
    22  the fact. If the report involves either (i) an allegation of  an  abused
    23  child  described  in  paragraph (i), (ii) or (iii) of subdivision (e) of
    24  section one thousand twelve of the family court act or sexual abuse of a
    25  child or the death of a  child  or  (ii)  suspected  maltreatment  which
    26  alleges  any  physical harm when the report is made by a person required
    27  to report pursuant to section four hundred thirteen of this title within
    28  six months of any other two reports that were indicated, or may still be
    29  pending, involving the same child, sibling, or  other  children  in  the
    30  household or the subject of the report, the office of children and fami-
    31  ly services shall identify the report as such and note any prior reports
    32  when  transmitting the report to the local child protective services for
    33  investigation.
    34    § 2. Paragraphs (d) and (e) of subdivision 2 of  section  422  of  the
    35  social  services law, as added by a chapter of the laws of 2025 amending
    36  the social services law relating to the administration of the  statewide
    37  central  register of child abuse and maltreatment, as proposed in legis-
    38  lative bills numbers S. 550-A and  A.  66-A,  are  amended  to  read  as
    39  follows:
    40    (d)  A caller making a report of suspected child abuse or maltreatment
    41  to the central [registry] register shall be asked  for  their  name  and
    42  contact information. [No report shall be transmitted] The central regis-
    43  ter  may  not  transmit a report to a local child protective service for
    44  investigation [unless] if the caller's name and contact information [is]
    45  are not provided, unless the central register  reasonably  believes  the
    46  caller  is  a  child  under the age of eighteen. [Except for disclosures
    47  authorized by subparagraphs (a) through (c)  and  (e)  through  (bb)  of
    48  paragraph (A) of subdivision four of this section, and disclosure to the
    49  local  child protective service as required pursuant to paragraph (a) of
    50  this subdivision, neither the  commissioner  nor  the  central  register
    51  shall  release  the  name and contact information of a caller who made a
    52  report of suspected child abuse or maltreatment  unless  ordered  by  an
    53  administrative law judge or a court of competent jurisdiction; provided,
    54  however,  that  this  provision  shall  not apply to individuals who are
    55  mandated to report suspected child abuse  or  maltreatment  pursuant  to
    56  section  four hundred thirteen of this title.  Prior to the entry of any

        S. 8778                             3

     1  such order, the petitioner or social services official may  move  for  a
     2  protective  order  to  withhold  the identity of such individual if such
     3  disclosure is likely to endanger  the  life  or  health  of  the  person
     4  reporting such suspected child abuse or maltreatment.]
     5    (e)  If  a  caller declines to provide their name and contact informa-
     6  tion, [they will be connected] the central  register  must  connect  the
     7  caller  with  a  supervisor  [at the central register], who [will] shall
     8  inform the caller of the  statutory  provisions  that  protect  callers'
     9  confidentiality.  If  the caller, including a caller reasonably believed
    10  to be a child under the age of eighteen, declines to provide their  name
    11  and  contact  information to the supervisor, the supervisor shall inform
    12  the caller that (i) [concerns of suspected abuse or maltreatment may  be
    13  addressed  through  support  services if the caller contacts the depart-
    14  ment's HEARS Family  Line  or  community-based  service  providers  and]
    15  preventive  and  supportive  services  may  be  available  to  assist in
    16  addressing concerns relative to the care and well-being of a  child  and
    17  referrals for such services may be provided upon request; and (ii) know-
    18  ingly  reporting  false[,  retaliatory]  or  baseless  allegations  is a
    19  violation of subdivision four of section 240.50 of the penal law.
    20    § 3. Section 4 of a chapter of the laws of 2025  amending  the  social
    21  services  law  relating  to  the administration of the statewide central
    22  register of child abuse and maltreatment,  as  proposed  in  legislative
    23  bills numbers S. 550-A and A. 66-A, is amended to read as follows:
    24    §  4.  This act shall take effect immediately; provided, however, that
    25  [section] sections one and two of this act shall take effect on the  one
    26  hundred eightieth day after it shall have become a law.
    27    §  4.  This  act shall take effect immediately; provided however, that
    28  sections one and two of this act shall take effect on the same date  and
    29  in  the same manner as a chapter of the laws of 2025 amending the social
    30  services law relating to the administration  of  the  statewide  central
    31  register  of  child  abuse  and maltreatment, as proposed in legislative
    32  bills numbers S. 550-A and A. 66-A, takes effect.
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