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A01404 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1404
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced by M. of A. SLATER, GRAY, MAHER, BENDETT, BRABENEC, E. BROWN,
          K. BROWN,  DeSTEFANO,  DURSO,  LEMONDES, MORINELLO, TAGUE -- read once
          and referred to the Committee on Children and Families
 
        AN ACT to amend the social services law, in relation to requiring  local
          child  protective  services  to  notify appropriate military personnel
          when a member of the armed forces is the subject of a report of  child
          abuse or maltreatment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 424 of the social services law is amended by adding
     2  a new subdivision 3-a to read as follows:
     3    3-a. ascertain whether any subject of  a  report  of  suspected  child
     4  abuse  or maltreatment is a member of, or otherwise associated with, the
     5  armed forces of the United States.  If child protective services  deter-
     6  mines  that  such  subject is a member of, or otherwise associated with,
     7  the armed forces of the United States, such  child  protective  services
     8  shall  notify  and  send  a  copy of such report to the secretary of the
     9  United States department of defense that there is an allegation of abuse
    10  and neglect that relates to such member  of  the  armed  forces  of  the
    11  United States;
    12    §  2.  Subdivision  5-a  of section 424 of the social services law, as
    13  added by chapter 494 of the laws of 2006, is amended to read as follows:
    14    5-a. give telephone notice and forward immediately a copy  of  reports
    15  made  pursuant  to this title which involve suspected physical injury as
    16  described in paragraph (i) of subdivision (e)  of  section  ten  hundred
    17  twelve  of  the family court act or sexual abuse of a child or the death
    18  of a child to the appropriate local  law  enforcement  or  military  law
    19  enforcement,  when  applicable.  Investigations shall be conducted by an
    20  approved multidisciplinary investigative team, established  pursuant  to
    21  subdivision  six  of  section  four  hundred  twenty-three of this title
    22  provided that in counties without a multidisciplinary investigative team
    23  investigations shall be conducted  jointly  by  local  child  protective
    24  services  and  local  law  enforcement or military law enforcement, when
    25  applicable.   Provided however, that  co-reporting  in  these  instances
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03806-01-5

        A. 1404                             2
 
     1  shall  not  be  required  when the local social services district has an
     2  approved protocol on joint investigations of child abuse  and  maltreat-
     3  ment between the local district and law enforcement. Such protocol shall
     4  be  submitted to the office of children and family services for approval
     5  and the office shall approve or  disapprove  of  such  protocols  within
     6  thirty  days  of  submission. Nothing in this subdivision shall prohibit
     7  local child protective services from consulting with local law  enforce-
     8  ment or military law enforcement, when applicable, on any child abuse or
     9  maltreatment report.
    10    §  3.  Subdivision  5-b  of section 424 of the social services law, as
    11  added by chapter 494 of the laws of 2006, is amended to read as follows:
    12    5-b. shall make an assessment in a timely manner of each  report  made
    13  pursuant  to  this  title  which  involves  suspected maltreatment which
    14  alleges any physical harm when the report is made by a  person  required
    15  to report pursuant to section four hundred thirteen of this title within
    16  six  months of any other two reports that were indicated or may still be
    17  pending involving the same child, sibling,  or  other  children  in  the
    18  household or the subject of the report to determine whether it is neces-
    19  sary  to give notice of the report to the appropriate local law enforce-
    20  ment entity. If the local  child  protective  services  determines  that
    21  local law enforcement or military law enforcement shall be given notice,
    22  they  shall  give telephone notice and immediately forward a copy of the
    23  reports to local law enforcement or military law enforcement.    If  the
    24  report is shared with local law enforcement or military law enforcement,
    25  investigations  shall  be  conducted  by  an  approved multidisciplinary
    26  investigative team, established pursuant to subdivision six  of  section
    27  four  hundred twenty-three of this title provided that in counties with-
    28  out a  multidisciplinary  investigative  team  investigations  shall  be
    29  conducted  jointly  by  local  child  protective  services and local law
    30  enforcement or  military  law  enforcement,  when  applicable.  Provided
    31  however, that co-reporting in these instances shall not be required when
    32  the  local  social  services  district has an approved protocol on joint
    33  investigations  of  child  abuse  and  maltreatment  between  the  local
    34  district  and  law  enforcement. Such protocol shall be submitted to the
    35  office of children and family services for approval and the office shall
    36  approve  or  disapprove  of  such  protocols  within  thirty   days   of
    37  submission. Nothing in this subdivision shall modify the requirements of
    38  this  section.  Nothing  in  this subdivision shall prohibit local child
    39  protective services from consulting with local law enforcement or  mili-
    40  tary law enforcement, when applicable on any child abuse or maltreatment
    41  report  and  nothing  in  this  subdivision  shall  prohibit local child
    42  protective services and local law enforcement or military  law  enforce-
    43  ment,  or  a  multidisciplinary team from agreeing to co-investigate any
    44  child abuse or maltreatment report.
    45    § 4. Subdivision 1 of section 424-a of  the  social  services  law  is
    46  amended by adding a new paragraph (d-2) to read as follows:
    47    (d-2)  The secretary of the department of defense of the United States
    48  or other authorized member of a  military  law  enforcement  agency  may
    49  inquire  of  the department and the department may inform such secretary
    50  or agency and the subject of the inquiry,  whether  any  member  of,  or
    51  person  otherwise associated with, the armed forced of the United States
    52  is the subject of an indicated child abuse and  maltreatment  report  on
    53  file  with  the  statewide central register of child abuse and maltreat-
    54  ment.
    55    § 5. This act shall take effect immediately.
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