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.
STATE OF NEW YORK
________________________________________________________________________
188
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sen. GALLIVAN -- 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 section 6 of subpart A of part JJ of chapter
3 56 of the laws of 2021, is amended 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, after utilizing protocols that would reduce implicit
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00185-01-3
S. 188 2
1 bias from the decision-making process, such allegations and any previous
2 reports to the central registry involving the subject of such report or
3 children named in such report, including any previous report containing
4 allegations of child abuse and maltreatment alleged to have occurred in
5 other counties and districts in New York state shall be immediately
6 transmitted orally or electronically by the office of children and fami-
7 ly services to the appropriate local child protective service for inves-
8 tigation. The inability of the person calling the register to identify
9 the alleged perpetrator shall, in no circumstance, constitute the sole
10 cause for the register to reject such allegation or fail to transmit
11 such allegation for investigation. If the records indicate a previous
12 report concerning a subject of the report, the child alleged to be
13 abused or maltreated, a sibling, other children in the household, other
14 persons named in the report or other pertinent information, the appro-
15 priate local child protective service shall be immediately notified of
16 the fact. If the report involves either (i) an allegation of an abused
17 child described in paragraph (i), (ii) or (iii) of subdivision (e) of
18 section one thousand twelve of the family court act or sexual abuse of a
19 child or the death of a child or (ii) suspected maltreatment which
20 alleges any physical harm when the report is made by a person required
21 to report pursuant to section four hundred thirteen of this title within
22 six months of any other two reports that were indicated, or may still be
23 pending, involving the same child, sibling, or other children in the
24 household or the subject of the report, the office of children and fami-
25 ly services shall identify the report as such and note any prior reports
26 when transmitting the report to the local child protective services for
27 investigation. The office of children and family services shall imme-
28 diately determine and then notify the appropriate local child protective
29 services if a subject of an allegation of child abuse or maltreatment is
30 the operator of a licensed or registered child care facility, or any
31 similar facility that receives funding pursuant to title five-C of this
32 article, or if any person named in a report is a known sex offender or
33 to have previously been the subject of an indicated report of abuse or
34 neglect. Such notice to the local child protective services shall take
35 place at the time that the office of children and family services trans-
36 mits the report of suspected child abuse or neglect required by this
37 subdivision.
38 § 2. This act shall take effect immediately.
