Authorizes the receipt of electronic reports by the state central register of child abuse and maltreatment; requires the office of children and family services to develop and implement a web intake incident form for the receipt of electronic communications alleging child abuse or maltreatment.
STATE OF NEW YORK
________________________________________________________________________
7160
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. RITCHIE -- 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 the receipt of
electronic reports by the state central register of child abuse and
maltreatment; and to require the office of children and family
services to develop and implement a web intake incident form for the
receipt of electronic communications alleging child abuse or maltreat-
ment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 2 and 3 of section 422 of the social services
2 law, subdivision 2 as amended by chapter 717 of the laws of 1986, para-
3 graph (a) of subdivision 2 as amended by chapter 357 of the laws of 2014
4 and subdivision 3 as added by chapter 1039 of the laws of 1973, are
5 amended to read as follows:
6 2. (a) The central register shall be capable of receiving telephone
7 calls and electronic reports alleging child abuse or maltreatment and of
8 immediately identifying prior reports of child abuse or maltreatment and
9 capable of monitoring the provision of child protective service twenty-
10 four hours a day, seven days a week. To effectuate this purpose, but
11 subject to the provisions of the appropriate local plan for the
12 provision of child protective services, there shall be a single state-
13 wide telephone number and internet address that all persons, whether
14 mandated by the law or not, may use to make telephone calls or send
15 electronic communications alleging child abuse or maltreatment and that
16 all persons so authorized by this title may use for determining the
17 existence of prior reports in order to evaluate the condition or circum-
18 stances of a child. In addition to the single statewide telephone
19 number and internet address, there shall be a special unlisted express
20 telephone number and a telephone facsimile number and internet address
21 for use only by persons mandated by law to make telephone calls, or to
22 transmit telephone facsimile or electronic information on a form
23 provided by the commissioner of children and family services, alleging
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02650-01-7
S. 7160 2
1 child abuse or maltreatment, and for use by all persons so authorized by
2 this title for determining the existence of prior reports in order to
3 evaluate the condition or circumstances of a child. The webpage created
4 to accept electronic reports shall be capable of receiving digital
5 images and electronic documents in common file formats. When any allega-
6 tions contained in such telephone calls or electronic report could
7 reasonably constitute a report of child abuse or maltreatment, such
8 allegations and any previous reports to the central registry involving
9 the subject of such report or children named in such report, including
10 any previous report containing allegations of child abuse and maltreat-
11 ment alleged to have occurred in other counties and districts in New
12 York state shall be immediately transmitted orally or electronically by
13 the office of children and family services to the appropriate local
14 child protective service for investigation. The inability of the person
15 calling the register or making the allegation online to identify the
16 alleged perpetrator shall, in no circumstance, constitute the sole cause
17 for the register to reject such allegation or fail to transmit such
18 allegation for investigation. If the records indicate a previous report
19 concerning a subject of the report, the child alleged to be abused or
20 maltreated, a sibling, other children in the household, other persons
21 named in the report or other pertinent information, the appropriate
22 local child protective service shall be immediately notified of the
23 fact. If the report involves either (i) an allegation of an abused child
24 described in paragraph (i), (ii) or (iii) of subdivision (e) of section
25 one thousand twelve of the family court act or sexual abuse of a child
26 or the death of a child or (ii) suspected maltreatment which alleges any
27 physical harm when the report is made by a person required to report
28 pursuant to section four hundred thirteen of this title within six
29 months of any other two reports that were indicated, or may still be
30 pending, involving the same child, sibling, or other children in the
31 household or the subject of the report, the office of children and fami-
32 ly services shall identify the report as such and note any prior reports
33 when transmitting the report to the local child protective services for
34 investigation.
35 (b) Any telephone call or electronic report made by a person required
36 to report cases of suspected child abuse or maltreatment pursuant to
37 section four hundred thirteen of this [chapter] title containing allega-
38 tions, which if true would constitute child abuse or maltreatment shall
39 constitute a report and shall be immediately transmitted orally or elec-
40 tronically by the [department] office of children and family services to
41 the appropriate local child protective service for investigation.
42 (c) Whenever a telephone call or electronic report to the statewide
43 central register described in this section is received by the [depart-
44 ment] office of children and family services, and the [department]
45 office of children and family services finds that the person allegedly
46 responsible for abuse or maltreatment of a child cannot be a subject of
47 a report as defined in subdivision four of section four hundred twelve
48 of this [chapter] title, but believes that the alleged acts or circum-
49 stances against a child described in the telephone call or electronic
50 report may constitute a crime or an immediate threat to the child's
51 health or safety, the [department] office of children and family
52 services, shall convey by the most expedient means available the infor-
53 mation contained in such telephone call or electronic report to the
54 appropriate law enforcement agency, district attorney or other public
55 official empowered to provide necessary aid or assistance.
S. 7160 3
1 3. The central register shall include but not be limited to the
2 following information: all the information in the written and electronic
3 report; a record of the final disposition of the report, including
4 services offered and services accepted; the plan for rehabilitative
5 treatment; the names and identifying data, dates and circumstances of
6 any person requesting or receiving information from the register; and
7 any other information which the commissioner believes might be helpful
8 in the furtherance of the purposes of this chapter.
9 § 2. 1. The office of children and family services shall develop and
10 implement a web intake incident form on the office of children and fami-
11 ly services website for the receipt of electronic communications alleg-
12 ing child abuse or maltreatment as authorized pursuant to section 422 of
13 the social services law.
14 2. The web intake incident form shall include but not be limited to:
15 (a) Information for mandated reporters;
16 (b) Information for when the use of the web intake incident form is
17 appropriate, including notification that use of the online form should
18 not be used to report an incident that is an emergency and that the
19 reporter should immediately contact emergency services;
20 (c) Space to provide details on the incident in question, victim
21 information, information of the perpetrator, and the reporter's contact
22 information, if applicable;
23 (d) Any information required pursuant to section 422 of the social
24 services law or other applicable sections of law;
25 (e) The ability to attach digital images and electronic documents in
26 common file formats; and
27 (f) A review page of the information entered on the form prior to the
28 electronic submission of the report.
29 § 3. This act shall take effect one year after this act shall have
30 become a law. Effective immediately, the commissioner of the office of
31 children and family services is authorized to promulgate any and all
32 rules and regulations and take any other measures necessary to implement
33 this act on its effective date, on or before such date.
